Bhawanipher v. State of U.P. Thru. Prin.Secy. Deptt. of Home

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13263 of 2023 Applicant :- Bhawanipher Opposite Party :- State Of U.P. Thru. Prin.Secy. Deptt. Of Home Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ashish Kumar Singh, learned counsel for the applicant, Sri Sanjay Maurya, 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.59 of 2023, under Sections 419, 420, 467, 468, 471 I.P.C., registered at Police Station Kotwali Nagar, District Gonda.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.01.2023 alleging that informant's father had purchased a piece of land from the applicant through a sale deed dated 16.07.1991, but although the applicant owned merely 14.5 decimal share, he has executed a sale-deed in respect of 29 decimal land. On 25.02.2015, the applicant executed another sale-deed in respect of same property in favour of another person.

¶4In the affidavit filed in support of bail application, it has been stated that the applicant is 75 years old innocent person, he has been falsely implicated in the present case and he has no criminal history. It has further been stated in the affidavit that a suit No.13 of 2011 filed by the applicant in respect of same property is pending consideration before the trial court.

¶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 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-Bhawanipher 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 :- 8.11.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench