Chandra Shekhar v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12322 of 2023 Applicant :- Chandra Shekhar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vijay Pathak,Rakesh Pathak Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard the learned counsel for the applicant, Sri Rishikesh Verma, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 190 of 2022, under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C., registered at Police Station Dubagga, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.10.2022 against one Tilak Ram, the applicant and some other persons, stating that the informant had purchased a plot from the applicant through a sale-deed dated 08.11.2017 and got a boundary wall constructed securing the possession of the land in question. He alleged that on 20.05.2022, some other persons claimed ownership of the land saying that they have purchased the same from the informant.

¶4In the affidavit filed in support of bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case. Applicant's involvement in two other cases has been disclosed in para 31 of the affidavit, in which the applicant has not been summoned till date.

¶5Learned counsel for the applicant has submitted that the applicant is a person belonging to Scheduled Caste community and that the sale-deed in favour of the informant has been executed without obtaining requisite permission for transfer of the land, which vitiates the process. It has further been stated in the affidavit that the applicant has filed a suit No.775 of 2023 in the court of Civil Judge, Senior Division, Lucknow in respect of the land in dispute.

¶6The learned A.G.A. has opposed the prayer for 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 dispute predominantly appears to be civil in nature, which is already pending consideration before the competent civil court and without making any observation, 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 in the aforesaid crime.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Chandra Shekhar be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to 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 :- 17.10.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench