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

Court No. - 28 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13646 of 2023 Applicant :- Rampal Opposite Party :- State Of U.P. Thru. Prin.Secy. Deptt. Of Home Counsel for Applicant :- Raj Kumar Singh,Amit Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Jyotsna Sharma,J.

¶1Heard learned counsel for applicant and Sri A.K. Srivastava, learned A.G.A. for the State.

¶2The present bail application has been filed by the applicant seeking bail in case crime no. 0015 of 2023, under sections 420, 467, 468, 471 I.P.C. at Police Station-Bilgram, District-Hardoi.

¶3As per the prosecution case, the applicant was involved in execution of forged sale deed. The allegation is that he impersonated Krishna Kumar for execution of that sale deed.

¶4It is contended on behalf of the applicant that in a civil suit OS no. 1575 of 2022, the sale deed in question dated 08.09.2022 which was the basis of the FIR has been cancelled by the civil court and the property in question has been returned to the real owner. As the dispute is settled, therefore he may be released on bail. It is further contended that he has no criminal history, he is presently 80 years old and he is in custody since 22.07.2023.

¶5The application for bail is opposed by learned A.G.A., however it is conceded that the applicant has no criminal history prior to this case; the applicant is in custody since last more than 3 months now.

¶6I considered the nature of allegation, evidence proposed and all other facts and circumstances of the case including explanatory defence offered by the applicant. In my view, a case for bail is made out.

¶7Let applicant -Rampal be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not temper with evidence/witnesses.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (a) hearing/framing of charge and (b) recording of statement under Section 313 Cr.P.C. without exception.

(iv) It is further provided that before issuing the release order, present and permanent address of the accused as well as sureties shall also be duly verified and the applicant shall submit undertaking that he shall not change his address without prior intimation to the court concerned.

¶8Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order.

¶9It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 20.11.2023/*Vikram* High Court of Judicature at Allahabad, Lucknow Bench