Dharmendra Kumar v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14753 of 2023 Applicant :- Dharmendra Kumar Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. Counsel for Applicant :- Krishna Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Krishna Kumar Tiwari, learned counsel for the applicant, and Sri Jayant Singh Tomar, the learned AGA-I for the State and perused the records.

¶2By means of the instant application the applicant seeks bail in Case Crime No. 0350 of 2023, under sections 406,419,420,467,468,471,120-B I.P.C., P.S. Satrikh, District Barabanki.

¶3The aforesaid case has been registered on the basis of an First Information Report (F.I.R.) lodged on 4.9.2023 against three named persons, including the applicant, and some unknown persons, alleging that the informant had purchased some property through a sale-deed dated 1.9.2023 for a sale-consideration of Rs. 16 lacs from one Ankit S/o Vikram Prasad, but later on it transpired that the sale-deed has been executed by some imposter.

¶4The Police claim to have arrested 3 named accused persons and the applicant on 11.9.2023 and it is claimed that in his custodial statement the applicant stated that he had executed a sale-deed at the behest of co-accused Suraj Kumar and co-accused Munna Lal.

¶5In 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. No amount has been transferred to the applicant's account.

¶6Co-accused Suraj Kumar has already been granted bail by means of an order dated 11.12.2023 passed by this Court in Criminal Misc. Bail Application No. 14534 of 2023.

¶7Learned A.G.A. has opposed the prayer for bail, but he could not dispute the aforesaid aspects of the matter.

¶8Having considered the aforesaid facts and circumstances of the case and keeping in view the facts that the applicant is said to have executed the sale deed at the behest of co-accused Suraj Kumar; the applicant has no criminal history and he is languishing in jail since 12.09.2023 whereas co-accused Suraj Kumar has already been granted bail and without making any observation, which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail.

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant Dharmendra Kumar be released on bail in the aforesaid Case Crime No.0350 of 2023, under sections 406,419,420,467,468,471,120-B I.P.C., P.S. Satrikh, District Barabanki, be released on bail on his 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. Order Date :- 16.12.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench