Allowed bail application filed by Alok Kumar Vishwkarama accused of cheating and property offences held by Court No. 74 while noting pendency of related civil appeal.
Release on bail on personal bond and two sureties each in like amount subject to conditions not to tamper with evidence and cooperate in trial.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34850 of 2022
Applicant :- Alok Kumar Vishwkarama Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Srivastava Counsel for Opposite Party :- G.A.,Manu Vardhana,Shri Krishna Lal
Hon'ble Deepak Verma,J.
Counter affidavit has been filed today in the Court by informant's counsel, is taken on record.
Applicant's counsel has filed rejoinder affidavit in reply to the counter affidavit filed by learned AGA, is also taken on record.
Heard Sri Anand Kumar Srivastava, learned counsel for the applicant, Sri Shri Krishna Lal, learned counsel for the informant, Sri Ram Adhar Ram, learned A.G.A. for the State and perused the record.
The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 755 of 2017, registered under Sections 419, 420, 406, 467, 468, 471, 506 I.P.C., Police Station Shivpur, District Varanasi during pendency of the trial.
Allegation in the FIR is that Smt. Badama Devi was the owner of the property, accused No.2 Dharmaraj Vishwakarma is the son and applicant-Alok Kumar Vishwkarama is grand son of Smt. Badama Devi. Nand Lal, husband of Smt. Badama Devi executed a will deed in favour of the applicant on 30.06.2008. After death of Nand Lal, applicant name mutated in the revenue record thereafter applicant sold the property by registered sale deed on 26.03.2014 in favour of the informant of Rs.17 lacs. Accused Nos.1 and 2 and applicant with collusion filed an application for cancellation of sale deed as well as filed objection when informant moved application for mutation in the revenue record.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Nand Lal was the owner of the property executed will deed in favour of the applicant and after death name of the applicant recorded in the revenue record. On the basis of will deed, thereafter, applicant executed sale deed in
favour of the informant. At the time of executing sale deed, applicant's name was mutated in the revenue record. Instant sale deed was executed in favour of the informant after forcefully abduction of the applicant. All the proceedings are of the civil in nature and in civil court appeal is pending. The applicant is languishing in jail since 22.05.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Learned A.G.A. as well as informant's counsel have opposed the bail prayer of the applicant and submitted that with malicious intention applicant took Rs.17 lacs from the informant and there is no right to sell the ancestral property.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Alok Kumar Vishwkarama, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 3.12.2022 Nitin Verma
Digitally signed by NITIN KUMAR VERMA Date: 2022.12.03 17:16:09 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether applicant is eligible for bail in case involving cheating and property disputes.
Whether applicant has made out a case for bail given complicity and nature of offence.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶13
Satendra Kumar Antil Vs. C.B.I. & Another
1 provisions across 1 enactments
Alok Kumar Vishwkarama
State of U.P.
Deepak Verma
Nitin Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
