Indra Jeet v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13480 of 2023 Applicant :- Indra Jeet Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Santosh Kumar Srivastava, the learned counsel for the applicant as well as Sri Amitabh Chaturvedi, 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. 187 of 2023, under Section 419, 420, 467, 468, 471, 120-B I.P.C., registered at Police Station Kotwali Akbarpur, District Ambedkar Nagar.

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

11.04.2023 against three persons, not including the applicant, alleging that named accused persons Arjun Kumar and Shailendra @ Sonu had introduced the informant to the third accused person, who was wrongly projected as land owner Ram Kewal and who executed an agreement to sell the land of Ram Kewal. The executant of the agreement turned out to be an imposter. The applicant has been implicated subsequently as he had witnessed execution of the agreement to sell.

¶4In 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.

¶5The learned A.G.A. has opposed the prayer of the 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 by mere execution of an agreement to sell, the title or possession of the informant has not been disturbed and that the applicant is neither the executant nor a beneficiary of the agreement, coupled with the fact that the applicant has no criminal history and he is languishing in jail since

29.08.2023 and without making any observations 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.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Indra Jeet 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 :- 17.11.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench