Satyanarayan v. State of U.P Thru. Addl. Chief Secy. Deptt. of Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14417 of 2023 Applicant :- Satyanarayan Opposite Party :- State Of U.P Thru. Addl. Chief Secy. Deptt. Of Home Lko. Counsel for Applicant :- Vineet Kumar Chaurasia,Mohd. Jabir Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Vineet Kumar Chaurasia, 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. 71 of 2023, under Section 419, 420, 467, 468, 471 I.P.C., registered at Police Station Karnailganj, District Gonda.

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

15.02.2023 against the applicant and one Keshav, stating that in proceedings under Section 12 of Consolidation of Holdings Act, the applicant had filed a fake sale deed dated 04.04.1971 on a date fixed for 01.02.2023.

¶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.

¶5As the grievance of the informant is regarding a document having been filed in judicial proceedings, the case could only be registered on the basis of a complaint filed by the court itself.

¶6The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case, coupled with the fact that a civil disputes regarding the property in question is pending between the parties and that the applicant is a 73 years old person having no criminal history and he is languishing in jail since 16.10.2023, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Satyanarayan 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 :- 7.12.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench