Single judge allowed bail to Rampratap and Rameshwar charged with forging a will deed, noting co-accused already on bail, substantial trial pending, and no purpose served by continued detention.
Release on furnishing personal bond and two sureties each in like amount subject to conditions.
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Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12595 of 2023
Applicant :- Rampratap And Another Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vinod Diwakar,J.
Heard learned counsel for the applicants and learned A.G.A. on behalf of State and perused the record.
The instant bail application has been filed on behalf of the applicants with a prayer to release the accused-applicants on regular bail in Case Crime No. 60 of 2022, under Sections 419, 420, 467, 468, 471, 120B IPC registered at P.S. Bharatkoop, District Chitrakoot, during pendency of trial.
As per the prosecution case, the accused-applicants in active connivance with other co-accused persons has prepared a forged will deed. The accused-applicants provided aid and assistance in creating a forged will by witnessing the same besides other assistance.
It is submitted by learned counsel for the accused-applicants that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. The accused-applicants have been illegally arrested by the police on 22.12.2022 on false charges. He further submits that the charge sheet has already been filed against the applicants on 09.10.2022. Learned counsel further submits that the coaccused namely Beer Singh has already been released on bail vide order dated 19.10.2022 by co-ordinate bench of this court in Criminal Misc. Bail Application No. 43109 of 2022. He further submits that the applicants are not required for custodial interrogation by police. There is no previous criminal history of accused-applicants. In case, the accused-applicants are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Per contra, learned A.G.A. and learned counsel for the complainant have opposed the prayer for grant of bail and submitted that the applicants are the main conspirators and direct beneficiary of the false will deed. Hence, therefore, the applicants are not entitled to be enlarged on bail at this stage.
Having heard the learned counsel for the parties and after perusal of record, it transpires that the co-accused namely Beer Singh has already been released on bail vide order dated 19.10.2022 by co-ordinate bench of this court in Criminal Misc. Bail Application No. 43109 of 2022; charge sheet has already been filed against accused-applicants on 09.10.2022; there is no previous involvement of the accused applicants in any other case and it will take substantial time to conclude the trial. Hence, therefore, no purpose would be served to keep the accused-applicants in jail at this stage. Therefore, the bail application is allowed .
Let the applicants, Rampratap and Rameshwar be released on bail on their 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, the same shall be a ground for cancellation of bail.
Observation made by this court while deciding the present bail application are prima facie in nature and shall have no bearing on the trial of the case.
Order Date :- 21.3.2023 Ujjawal
Digitally signed by :- UJJAWAL PARJAPATI High Court of Judicature at Allahabad
1 issue framed by the court
Whether regular bail should be granted to applicants accused of forging a will deed under various sections of the IPC.
1 provisions across 1 enactments
Rampratap
Rameshwar
State of U.P.
Vinod Diwakar
Ujjawal Parjapati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
