Anees @ Barsati v. State of U.P. Thru. Prin. Secy. Home Deptt. Lucknow

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12621 of 2023 Applicant :- Anees @ Barsati Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lucknow Counsel for Applicant :- Santosh Kumar Kanaujia Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Santosh Kumar Kanaujia, the learned counsel for the applicant as well as Sri Sanjay Maurya, 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. 325 of 2023, under Section 419, 420, 467, 468, 471 I.P.C., registered at Police Station Dhaurahara, District Lakhimpur Kheri.

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

18.05.2023 against four persons, not including the applicant, alleging that the land of one Itwari was got transferred by the accused persons by putting up some imposter whereas Itwari had died about 11 years ago.

¶4During investigation, it came to light that the applicant had executed the sale deed.

¶5In 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.

¶6The learned counsel for the applicant has submitted that the mutation of the name in respect of the land in question has already been cancelled and the informant has filed a suit for cancellation of the sale deed. He further submitted that two co-accused persons Arif Ali and Prem Prakash, have already been granted bail by the Session Court and copies of their bail orders have been annexed as Annexure no. 8 and 9 to the affidavit.

¶7The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶8Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the mutation order has already been cancelled; a suit for cancellation of the deed is pending and that two co-accused persons have already been granted bail, coupled with the fact that the applicant has no criminal history and he is languishing in jail since 07.07.2023 and without making any observations which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail.

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant-Anees @ Barsati 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 :- 28.10.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench