Allowed

Om Prakash Pandey v. State of U.P.

Allahabad HC1 Nov 2022BAIL/22364/2022

Case brief

AI extract

What is this about?

In a bail application regarding a cheating case with a 10-year delay in FIR despite sale deed stating possession was handed over, the High Court allowed bail on a personal bond and two sureties after noting the lack of possession dispute evidence.

What did the court decide?

Applicant Om Prakash Pandey released on bail on furnishing a personal bond and two sureties each, subject to conditions not tampering with evidence or influencing witnesses.

Om Prakash Pandey Vs State of U.P. — Contract and Commercial Disputes | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22364 of 2022

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Applicant :- Om Prakash Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Jainendra Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Jainendra Kumar Mishra, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 572 of 2021, under Sections 420, 406 IPC, Police Station Cantt., District Gorakhpur during pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 31.08.2021 alleging that the informant had purchased a plot of land measuring 1200 square feet from the applicant and the informant's name was mutated in the relevant records but the applicant did not hand over the possession of the plot.

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A copy of the sale deed executed by the applicant in favour of the informant has been annexed with the affidavit filed in support of the bail application which shows that the sale deed was executed on 17.06.2011 and there is a categorical averment in the sale deed that the informant had got possession of the land purchased by her.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.

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The applicant's criminal history has been disclosed in paragraph Nos. 16 to 24 of the affidavit.

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The applicant is languishing in jail since 08.02.2022.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail.

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Having regard to the aforesaid facts and submissions and keeping in view the fact that the sole grievance of the informant

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is that she did not get the possession of the certain piece of land that had been purchased by her from the applicant; that the sale deed was executed way back on 17.06.2011 whereas the F.I.R. has been filed on 31.08.2021; that the sale deed contains a specific averments that the informant had got possession of the land, I am of the view that the applicant is entitled to be released on bail.

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In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed .

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Let the applicant Om Prakash Pandey be released on bail in Case Crime No. 572 of 2021, under Sections 420, 406 IPC, Police Station Cantt., District Gorakhpur 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:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(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.

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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.

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Order Date :- 1.11.2022

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Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.11.03 10:40:57 IST Reason: Location: High Court of Judicature at Allahabad

Om Prakash Pandey v. State of U.P.

Case brief

What is this about?

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Om Prakash Pandey v. State of U.P.

Case brief

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