Ram Ujagir v. State Of U.P Thru. Prin. Secy. Home Civil

Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 449 of 2020, under sections 419, 420, 467, 468 and 471 of I.P.C.,Police Station- Jaisinghpur, District -Sultanpur. Learned counsel appearing for the applicant submits that due to some misconception, the sale deed was got executed in favour of the present applicant though, once the truthfulness came into the knowledge of the applicant he is ready to get cancelled the sale deed while appearing in the regular civil suit. He submits that the applicant may be granted 60 days time to appear before the civil court and and thus, submission is that he may be enlarged on bail. On the other hand, learned counsel appearing for the complainant has opposed the matter on merits, but he has no objection if the applicant is released on bail for two months so as to participate in the civil proceedings for cancellation of the sale deed and for filing of an affidavit so as to return the land in question while getting it cancelled.

Learned A.G.A. appearing for the State has supported the version of counsel for the complainant. Having heard learned counsels for the parties and after perusal of the affidavit dated 17.02.2025, it transpires that the applicant is ready to got cancelled the sale deed which was registered in favour of the applicant. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, the applicant is hereby enlarged on interim bail for a period of sixty days. Let the applicant- Ram Ujagir involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.

He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. List/put up this matter on 21.04.2025, within top five cases. It is further provided that if the applicant would fail to repay the aforesaid amount in the mode and time prescribed above, he shall surrender before the Chief Judicial Magistrate concerned after two months from the date of his release from jail and the C.J.M. shall send him to jail. It is expected that the applicant shall comply with the undertakings given in paragraph no. 3 and 4 of the affidavit dated 17.02.2025, within a period of sixty days. It is provided that if the applicant would fail to comply with the undertakings given in the affidavit, he shall surrender before the C.J.M. concerned after sixty days from the date of his release from jail and the C.J.M. shall send him to jail. Order Date :- 18.2.2025 Mayank