Ramdeen Chauhan v. State of U.P. Thru. Addl. Chief Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12246 of 2023 Applicant :- Ramdeen Chauhan Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Prem Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Prem Prakash Singh, the learned counsel for the applicant as well as Sri Akhilesh Kumar Vyas, the learned A.G.A. for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 154 of 2022, under Section 419, 420, 467, 468, 471, 120-B I.P.C., registered at Police Station Kotwali Ayodhya, District Ayodhya/Faizabad.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on

28.04.2022 against five persons, not including the applicant, stating that the informant is Managing Director of a Company named Ayodhya Saryu Infra L.L.P. The aforesaid Company needed land for establishing its office and the accused persons got a sale deed in respect of land of one Ram Janak executed in favour of the Company by setting up some imposter in place of the seller. The applicant's name came to light during investigation as the sole consideration was transferred to the applicant's bank account.

¶4In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

¶5The learned counsel for the applicant has submitted that co-accused Manoj had requested the applicant to let him used his bank account as the former's bank account was not functional. The applicant acceded to his request without understanding its repercussion.

¶6The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no criminal history and he is languishing in jail since 21.07.2023 and without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Ramdeen Chauhan be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi,J.) Order Date :- 13.10.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench