Criminal Misc. Bail Application filed by Abdul Kadir. Court allowed bail noting the applicant's cooperation, filed charge sheet, and significant trial duration. Applicant required to bond with two sureties.
Released on bail on a personal bond and two sureties subject to specified conditions.
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Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13286 of 2023
Applicant :- Abdul Kadir Opposite Party :- State of U.P. Counsel for Applicant :- Aditya Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vinod Diwakar,J.
Heard learned counsel for the applicant and learned A.G.A. on behalf of the state and perused the record.
The instant bail application has been filed on behalf of the applicant Abdul Kadir, with a prayer to release him on bail in Case Crime No. 98 of 2021, under Sections 420, 467, 468, 471, 120-B I.P.C., Police Station Lisari Gate, District Meerut, during the pendency of the trial.
The prosecution case is that the accused-applicant has executed a sale deed in favour of Ms. Ayat based on a forged power of attorney issued by Mohd. Muzammil and thereby committed forgery.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case at the behest of the complainant with ulterior motives. He submits that the applicant had received a power of attorney from the erstwhile registered owner of the property and then registered a sale deed in favour of Ms. Ayat. Learned counsel for the applicant further submits that the matter pertains to the civil dispute and that no criminality is involved. He further contends that there are five accused persons in this case, and four have been enlarged on anticipatory bail out of them. He further submits that as the police
filed a charge sheet on 16.03.2023, the applicant is no longer required for custodial interrogation. He further submits that the applicant was previously involved in Case Crime No. 201 of 2019, under Sections 457, 380, 511 I.P.C., P.S. Kharkhauda, District Meerut, and he has already been enlarged on bail in the said case. The applicant has been languishing in jail since 9th February, 2023. If the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Per contra, learned A.G.A. submits that Mukhtarnama is not a registered document, and the person who has executed this Mukhtarnama is neither the property owner nor competent to execute such document. He further submits that the offence is serious; therefore, the accused-applicant deserves no leniency at this stage.
Be that as it may, having heard the learned counsel for the parties, after perusal of the record, it transpires that two sale deeds have been executed with regard to the same property; the applicant has been in jail since 9th February, 2023 and cooperated with the investigating officer during the investigation; the charge-sheet has already been filed against the accused-applicant. The applicantaccused is not required for custodial interrogation; there are nine witnesses in the charge sheet, it will take a sufficiently long time to conclude the trial, and no purpose would be served in keeping the accused-applicant in jail. Considering the facts above, this court is inclined to enlarge the accused applicant on bail. Therefore, the bail application is allowed .
Let the applicant, Abdul Kadir , be released on bail on his furnishing a personal bond and two sureties each in the like amount to the court's satisfaction, subject to the 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 grounds for cancellation of bail.
Observations 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 :- 24.3.2023 Shafique
Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant Abdul Kadir should be released on bail in a case involving forgery and cheating under the I.P.C.
1 provisions across 1 enactments
Abdul Kadir
State of U.P.
Vinod Diwakar
Shafique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
