This judgment grants bail to an applicant arrested under IPC sections for alleged forgery, noting that further investigation was ordered and co-accused were exonerated, releasing him on a personal bond and two sureties.
Release of applicant on bail by personal bond and two sureties on conditions.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18073 of 2022
Applicant :- Sudhir Ojha Opposite Party :- State of U.P. Counsel for Applicant :- Raghuvansh Misra,Ashvani Tripathi Counsel for Opposite Party :- G.A.,Shailesh Kumar Tripathi
Hon'ble Subhash Vidyarthi,J.
1.Heard Sri Raghuvansh Misra, the learned counsel for the applicant, Sri Shashi Shekhar Tiwari, the learned Additional Government Advocate and perused the record.
2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 18 of 2022, under Sections 419, 420, 467, 468, 471, 120B IPC, Police Station Kotwali, District Ballia during pendency of the trial in the Court below.
3.The aforesaid case has been registered on the basis of a first information report lodged against eight named and other unnamed accused persons alleging that on 15.06.1962, the informant's uncle had executed a registered gift deed in favour of the informant and the accused persons have made over writing and fabrication in the aforesaid registered gift deed and thereby they have inserted the name of Chandrika Prasad Ojha in place of the informant's name.
4.After investigation, the police has submitted a charge sheet wherein except the applicant, all the other persons have been exonerated.
5.In the affidavit filed in support of the bail application, it has been stated that the FIR does not mention the date on which the alleged offence was committed and there is nothing on the record to indicate as to how the applicant could have got access to the official records.
6.The affidavit contains an undertaking that in case the applicant is released on bail, he will not misuse the liberty and that he will present himself in investigation or trial as and when required.
7.The learned counsel for the applicant has submitted that no adverse interference can be drawn against the applicant regarding the alleged forgery and the applicant's name had not been inserted in the document by the alleged interpolation. He
has further submitted that all the other co-accused persons, who would be the beneficiary of the alleged forgery, have already been exonerated after investigation.
8.The applicant is languishing in jail since 22.01.2022.
9.Per contra, the learned counsel for the informant has vehemently opposed the prayer for grant of bail and he has submitted that an order has already been passed for further investigation in the matter.
10.As the applicant is languishing in jail since 22.01.2022 and keeping in view the fact that the order for further investigation has been passed, there is a reasonable apprehension that the trial would take a very long time to conclude, I am of the view that the applicant is entitled to be released on bail.
11.In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .
12.Let the applicant - Sudhir Ojha be released on bail in Case Crime No. 18 of 2022, under Sections 419, 420, 467, 468, 471, 120B IPC, Police Station Kotwali, District Ballia on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.
13.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 27.7.2022 Ashish Pd.
Digitally signed by ASHISH PRASAD Date: 2022.07.29 17:27:53 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail is maintainable for the applicant pending further investigation.
1 provisions across 1 enactments
Sudhir Ojha
State of U.P.
Subhash Vidyarthi
Ashish Prasad
As recorded by the court registry
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