Sharafat Ali v. State of U.P. Thru. Prin. Secy. Home Lko. U.P

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13148 of 2023 Applicant :- Sharafat Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P. Counsel for Applicant :- Sachin Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Sachin Chaturvedi, learned counsel for the applicant, Sri Anant Pratap Singh, 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. 155 of 2023, under Sections 120-B, 419, 420, 467, 468 & 471 I.P.C., registered at Police Station-Hazratganj, District-Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged by an Amin posted in Nazul Department of Lucknow Development Authority on 01.05.2023 against eight persons, including the applicant, alleging that the land in question was entered in the name of purchaser on 14.07.1944 and it was divided into two parts without requisite permission of the Nazul Officer and thereafter, it was sold away to two different persons through sale deed dated 16.03.1964 and

15.06.1965. An explanation was called in this regard by means of a notice dated 20.10.1975, but no reply to the notice was received. After death of Vimla Devi, her heirs have sold away the land to Yazdan Infracon Pvt. Ltd. through a sale deed dated

08.06.2015 and the applicant is one of the directors of the aforesaid company.

¶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. The applicant's involvement in 9 other cases has been disclosed in para 45 of affidavit and in sfour of which, he has been granted bail. It has also been submitted that the co-accused Sayem Yazdani has already been granted bail by this court by means of an order dated

01.11.2023, passed in Criminal Misc. Bail Application No.12820 of 2023.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that partition of the land took place prior to 1964 and the allegation against the applicant is merely of being director of a company, which company has purchased the portion of the land through a sale deed dated

08.06.2015; that the applicant is languishing in jail since

27.05.2023 and the co-accused Sayem Yazdani has already been enlarged on bail by this 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.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Sharafat Ali 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 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 :- 7.11.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench