Allowed

Harivansh @ Mittho Pandey v. State of U.P. and Another

Allahabad HC11 Jun 2021CRLA/411/2021

Case brief

AI extract

What is this about?

This criminal appeal against the rejection of bail under the SC/ST Act and IPC sections primarily involving cheating and forgery was heard by a single judge. The court considered the appellant's limited role as a marginal witness and lack of criminal antecedents, finding no grounds to believe he would negatively affect the trial. The appeal was allowed, and bail was granted.

What did the court decide?

Release of the appellant on bail by furnishing a personal bond and two sureties with conditions to attend proceedings, not tamper with witnesses, avoid illegal acts, and file computer-generated copies

Harivansh @ Mittho Pandey Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2021)

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Court No. - 77

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Case :- CRIMINAL APPEAL No. - 411 of 2021

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Appellant :- Harivansh @ Mittho Pandey Respondent :- State Of U.P. And Another Counsel for Appellant :- Sudhir Kumar Tripathi Counsel for Respondent :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Counter affidavit filed today by the learned A.G.A. is taken on record.

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Heard learned counsel for the appellant, Shri Om Prakash Mishra, learned A.G.A. for the State and perused the material available on record.

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No one has put in appearance on behalf of respondent no. 2, despite service of notice.

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This appeal has been preferred under Section 14 (A) (2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, against the impugned order dated 19.12.2020 passed by learned Additional Sessions Judge/Special Judge (SC/ST) Act, Gorakhpur in Bail Application No. 3884 of 2020 (Harivansh @ Mittho Pandey Vs. State of U.P.), arising out of Case Crime No. 85 of 2020, under Sections 419, 420, 467, 468, 471, 504, 506 IPC and Section 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Gola, District Gorakhpur, whereby the bail application of the appellant has been rejected vide impugned order dated 19.12.2020.

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Counsel for the appellant argues that the FIR in question was lodged after about two years and it was alleged in the said FIR that a sale deed was executed by one of the accused Indrakant Tiwary in favour of the informant and later on it was revealed that Indrakant Tiwary was not the owner of the property in question and thus the informant was cheated. On the basis of the said allegations, the FIR in question was registered and the accused was arrested. The appellant is in custody since 24.9.2020.

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Counsel for the appellant argues that the appellant is a marginal witness to the sale deed and in the FIR and all of the statements, no role has been assigned to the appellant. He further argues that the marginal witness only testify or certify the correctness of the executant, in the present case Indrakant Tiwary and there

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is no allegations that an imposter has executed a sale deed instead of Indrakant Tiwary and thus no wrong can be attributed to the appellant.

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Learned A.G.A. has opposed the bail prayer of the appellant.

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I have perused the sale deed in question, which is on record, which demonstrates that Indrakant Tiwary had executed a sale deed and the appellant was a marginal witness. There being no allegation that an imposter had executed a sale deed. Considering the fact that the appellant is only the marginal witness and there is no allegation that an imposter has executed the sale deed, coupled with the fact that the appellant has no criminal antecedents and there is nothing on record to demonstrate that the appellant if enlarged on bail, would in any way adversely affect the trial, the appellant is entitled to be enlarged on bail.

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Let appellant- Harivansh @ Mittho Pandey be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-

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