Brijesh Kumar Pasi and Another v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home, Lucknow

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12355 of 2023 Applicant :- Brijesh Kumar Pasi And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home, Lucknow Counsel for Applicant :- Alok Kumar Singh,Jaydeep,Vineet Kumar Chaurasia Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Vineet Kumar Chaurasia, the learned counsel for the applicants, Sri Akhilesh Kumar Vyas, the learned A.G.A.-I for the State and perused the records.

¶2The instant application has been filed seeking release of the applicants on bail in Case Crime No. 347/2022, under Sections 419, 420, 467 & 468 IPC, Police Station Achalganj, District Unnao.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 27.11.2022 against five persons, including the applicant, alleging that co-accused persons Devendra Singh alias Deva Singh and Rohit Singh had introduced the informant to the applicants and their mother, who executed a sale deed dated 05.07.2021 in favour of the informant in respect of a property, which had already been sold to them.

¶4In the affidavit filed in support of the application it has been stated that the applicants are innocent and they have been falsely implicated in the present case.

¶5The learned counsel for the applicant has submitted that the applicants were made to execute the sale deed by co-accused persons Devendra Singh and Rohit Singh under the pretext of execution of correction deed in respect of the previous sale deed executed by them.

¶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 applicants have no previous criminal history and they are languishing in jail since

26.03.2023 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 applicants on bail in the aforesaid crime.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicants-Brijesh Kumar Pasi and Mukesh Pasi be released on bail in Case Crime No. 347/2022, under Sections 419, 420, 467 & 468 IPC, Police Station Achalganj, District Unnao, 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 applicants shall not tamper with the prosecution evidence;

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

(iii) the applicants shall appear on each and every date fixed by the trial court. Order Date :- 18.10.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench