Israr v. State of U.P.

Court No. - 2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4580 of 2021

Applicant :- Israr Opposite Party :- State of U.P. Counsel for Applicant :- Sheetala Prasad Pandey Counsel for Opposite Party :- G.A.,Deepak Kumar Tripathi

Hon'ble Suneet Kumar,J.

Heard learned counsel for the applicant, Shri Deepak Kumar Tripathi learned counsel appearing for the complainant and learned A.G.A. for the State and perused the record.

As per prosecution case, share of the applicant was transferred vide saledeed dated 29.11.2018 for consideration of Rs. 27 lakh; it is alleged that the said land was transferred by the owner i.e. father of the applicant wayback on 12.9.1991; applicant being the son had full knowledge but fraudulently executed the sale-deed; it is alleged that till date possession of land has not been handed over; it is further urged that the applicant has filed a suit for cancellation of the sale-deed.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case; applicant having no previous criminal antecedents is languishing in jail since 13.11.2020, hence the applicant may be released on bail.

Learned A.G.A. and learned counsel for the complainant has vehemently opposed the prayer for bail contending that the fraud has been committed to dupe the complainant. It is not in public interest to release the applicant on bail. There is reasonable apprehension of the evidence/witnesses being tampered/influenced..