In a criminal bail application challenging an FIR alleging forgery pending in civil litigation, the High Court granted bail without expressing an opinion on the merits of the case.
Released on bail by furnishing a personal bond and two local sureties of the like amount.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3410 of 2021
Applicant :- Ashwani Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Nipun Singh Counsel for Opposite Party :- G.A.,Dushyant Singh,M.C. Singh
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the informant and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.1463 of 2020, under Sections 420, 467, 468, 471, 120-B, 504 and 506 I.P.C., Police Station Kotwali Nagar, District Bulandshahar.
Learned counsel for the applicant submits that Gaurav Sharma and others filed an injunction suit against Anand Sharma, Saurabh Sharma and Dev Sharma (father of the applicant). He further submits that on the basis of memorandum dated 03.10.2008, in the injunction suit, father of the applicant filed a written statement on 22.11.2017 accepting the aforesaid execution of the memorandum. He further submits that informant's father also filed written statement on 07.02.2019 denying the execution of that memorandum. Thereafter, on 11.11.2020 F.I.R. has been lodged by alleging that the aforesaid memorandum is forged and fabricated. He also submits that the genuineness of the aforesaid memorandum will be decided in the civil suit and only to harass the applicant this F.I.R. has been lodged. He next submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 23.11.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by submitting that the property is located at two places.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, pendency of the civil suit as well as alleged memorandum and
also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Ashwani Sharma involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when 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.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 12.2.2021 Zafar
1 issue framed by the court
Whether the applicant is entitled to bail considering the allegation of forgery decided in a pending civil suit and lack of criminal history.
Ashwani Sharma
State of U.P.
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
