Ravi Pratap v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45535 of 2023 Applicant :- Ravi Pratap Opposite Party :- State of U.P. Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- A.G.A., Phoolbadan Yadav Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. and Sri Phoolbadan Yadav, learned Counsel for the complainant and perused the record.

¶2The FIR in question was lodged alleging that one Sunil Kumar executed a sale deed in favour of Anoop despite the fact that he had earlier executed a sale deed in favour of the complainant. The applicant is said to be the brother of the co-accused Anoop, marginal witness of the said sale deed.

¶3It is argued by the Counsel for the applicant that the co-accused Anoop, who is the brother of the applicant, was duped and thus, he cannot be said to be involved in the offence in question. He argues that subsequent to the lodging of the FIR, the said deed executed in favour of the co-accused Anoop has been set aside and the name of the applicant has been mutated over the entire property in question.

¶4Learned A.G.A. and learned Counsel appearing on behalf of the complainant vehemently opposed the bail prayer.

¶5Considering the fact that there are no specific allegation against the applicant coupled with the subsequent development as noted above and the fact that the applicant does not have any criminal antecedents and is in custody since 10.08.2023, I am of the view that the applicant is entitled to be released on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Ravi Pratap be released on bail in FIR/ Case Crime No.87 of 2023 under Sections 420, 467, 468, 471, 120B IPC, Police Station Araon, District Firozabad on his furnishing personal bonds and two reliable sureties of Rs.25,000/- each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Order Date :- 30.10.2023 akverma High Court of Judicature at Allahabad