Sachida Nand Singh and 2 Others Vs State of U.P.

Court No. - 70

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 88 of 2020

Applicant :- Sachida Nand Singh And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Narayan Pandey,Anil Kumar Singh,Rajiv Lochan Shukla

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Counsel for Opposite Party :- G.A.,Shashi Bhushan Kunwar,Siddhartha Mishra

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Hon'ble Siddharth,J.

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List revised. None appears on behalf of the informant.

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Heard Shri Rajiv Lochan Shukla, learned counsel for the applicants and learned AGA.

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The instant anticipatory bail application has been filed on behalf of the applicants Sachida Nand Singh, Rajeshwar Thakur and Ashok Singh with a prayer to release them on bail in Case Crime No. 412 of 2019, under Sections 419, 420,467,468,471, 409 I.P.C., Police StationKotwali, District- Ballia, during pendency of trial.

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The allegations in the FIR are that the applicant and other co-accused persons in collusion with the employees of registration office have concocted fraudulent sale deeds and after removing the genuine ones replaced them by the fraudulent ones. Thereafter they tried to grab the properties of the real purchasers of the property and inquiry was made and it was found that 7 sale deeds of this nature have been manipulated.

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Counsel for the applicant has submitted that FIR has been lodged after due inquiry but none of the accused persons were heard during the inquiry. On 27.03.1981 he has purchased the property and was duly recorded in the revenue records.

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Earlier the inquiry was ordered and the disputed sale deeds were found to be correct by the SubRegistrar, Sadar, Ballia. Thereafter a three member committee was constituted and it submitted its report stating that the sale deeds in dispute are doubtful. One co-accused, Sheikh

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Abdulla, has been granted bail by the court below. The applicant has been implicated falsely in this case. He has no criminal history to his credit. Applicant has definite apprehension of his arrest by the police.

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Learned A.G.A. has opposed the prayer of applicant for grant of anticipatory bail.

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Hence the applicant is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No.2609 of 2020. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

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Without expressing any opinion on the merits of the case and considering the nature of accusations and his antecedents, the applicant is entitled to be released on anticipatory bail in this case.

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Let the applicant no.2, Rajeshwar Thakur involved in the aforesaid crime be be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-

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The applicant shall not leave India during the currency of trial without prior permission from the concerned trial Court.

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The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.

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That the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

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The applicant shall file an undertaking to the

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effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

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In case, the applicant misuses the liberty of bail, the trial Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Since the applicant no.1 Sachida Nand Singh and applicant no.3 Ashok Singh have criminal history against them, they are being granted anticipatory bail till submission of Police Report under section 173(2) Cr.P.c..

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In the event of arrest of the applicant no. 1 Sachida Nand Singh and applicant no.3, Ashok Singh shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on furnishing a personal bond of Rs.50,000/each with two sureties each in the like amount to the satisfaction of the Station House Officer of the

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police station concerned with the following conditions:-

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(i) The applicants shall make himself available for interrogation by a police officer as and when required;

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(ii) The applicants shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court or to any police office;

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(iii) The applicants shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

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(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicants are directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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Order Date :- 19.11.2020 Atul kr. sri.

Sachida Nand Singh and 2 Others v. State of U.P.

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Sachida Nand Singh and 2 Others v. State of U.P.

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