Allowed

Mahendri v. State of U.P.

Allahabad HC30 Nov 2022BAIL/39455/2022

Case brief

AI extract

What is this about?

Court allowed bail application filed by Mahendri prosecuted under IPC sections 420, 467, 468, 471 and 120-B. Release granted as the underlying dispute regarding land ownership and sale agreement appeared prima facie to be of a civil nature, and a civil suit for cancellation was already pending.

What did the court decide?

Release on bail upon furnishing personal bond and two sureties, subject to conditions against tampering with evidence or influencing witnesses.

Mahendri Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39455 of 2022

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Applicant :- Mahendri Opposite Party :- State of U.P. Counsel for Applicant :- Satyendra Narayan Singh,Tarun Kumar Sharma

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Counsel for Opposite Party :- G.A.,Rewti Raman Patel

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Satyendra Narayan Singh, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate, Sri Rewti Raman Patel, the learned counsel for the informant 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. 1431 of 2021, under Sections 420, 467, 468, 471 and 120-B IPC, Police Station Kotwali Nagar, District Bulandshahr 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 against five named accused persons, including the applicant, alleging that the informant is the Bhumidhar with transferable rights of certain piece of land but due to clerical error, the name of the applicant and co-accused Dharamwati got entered into revenue records as Bhumidhar of the land which the informant claims to be his own.

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It is alleged that the applicant and co-accused Dharamwati have entered into an agreement to sell the land in question in favour of the accused persons and they have accepted Rs. 7,00,000/- as earnest money under the agreement.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and she has been falsely implicated in the present case and that she has no criminal history.

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It has further been stated in the affidavit that the applicant has already filed a suit for cancellation of the sale agreement dated 03.09.2021 which has been registered as Suit No. 1781 of 2021 in the Court of Civil Judge-First (Junior Division), Bulandshahr and a copy of the aforesaid suit has been filed in support of the bail application shows that she has pleaded that she is illiterate woman aged about 73 years and the agreement was got

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executed by other co-accused persons taking benefit of her ignorance.

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The applicant is languishing in jail since 05.08.2022.

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

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Having considered the aforesaid facts and circumstances of the case, I am of the view that the dispute giving rise to filing of the F.I.R. prima facie appears to be of a civil nature and as the applicant has already filed a suit for cancellation of the agreement to sale the property in question, 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 Mahendri be released on bail in Case Crime No. 1431 of 2021, under Sections 420, 467, 468, 471 and 120-B IPC, Police Station Kotwali Nagar, District Bulandshahr 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 :- 30.11.2022

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Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.11.30 18:38:52 IST Reason: Location: High Court of Judicature at Allahabad

Mahendri v. State of U.P.

Case brief

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Mahendri v. State of U.P.

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