Ram Pyari v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15011 of 2023 Applicant :- Ram Pyari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Shyamendra Singh,Dr. Krishna Mukund,Tej Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Shyamendra Singh, learned counsel for the applicant, Sri Arpit Kumar, learned AGA for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 347 of 2023, under Sections 419, 420, 467, 468, 471 IPC, Police Station Maholi, District Sitapur.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.06.2023 against four named persons, including the applicant and some unknown persons, alleging that wife of the informant's brother had died during his life time in the year 2002 and the informant's brother died on 08.05.2015 and thereafter the applicant got her name mutated in respect of the property of the informant's brother on the basis of fake documents, claiming herself to be wife of the informant's brother.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is 60 year's old innocent woman having no criminal history and she has been falsely implicated in the present cas.

¶5Some documents have been filed to indicate that the applicant was wife of Kishori, brother of the informant. No civil suit has been filed by either of the parties for adjudication of their title.

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

¶7Having 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 case.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Ram Pyari 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 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 :- 19.12.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench