Allowed bail to the applicant in a cheque and forgery case involving fraudulent execution of a sale deed and subsequent mutation, citing the lapse of over 38 years since the transaction and only framing of charges.
Applicant released on bail with a personal bond and two sureties in an adequate amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC-LKO:76119
Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2704 of 2022
Applicant :- Raghunath Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. Counsel for Applicant :- Anil Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
of the applicant' name was carried out on 18.06.2019; that as per the FIR averments, no proceedings for cancellation of sale deed have been initiated before any court and that the applicant is a 62 years old person and is languishing in jail since 14.08.2021 and as per statement of learned counsel for applicant, merely charges have been framed till date and without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.
Order Date :- 20.11.2023 Renu/-
Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether bail should be granted to the applicant in case involving execution of fictitious sale deed and fraudulent mutation.
Whether the long delay between transaction and FIR justifies releasing the applicant on bail.
2 provisions across 2 enactments
Raghunath
State Of U.P.
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
