This judgment grants bail to an applicant in a criminal case framed under various IPC sections, noting the civil nature of the dispute and the applicant's cooperation, without delving into case merits beyond procedural grounds.
Released on bail by furnishing a personal bond and two sureties of like 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.
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 676 of 2023
Applicant :- Parmanand Opposite Party :- State of U.P. Counsel for Applicant :- Kedar Nath Mishra Counsel for Opposite Party :- G.A.,Dipendra Kumar,Pradeep Kumar Rai
Hon'ble Ajay Bhanot,J.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.213 of 2021 at Police Station-Civil Lines District-Meerut under Sections 420, 467, 468, 471, 120B IPC. The applicant is in jail since 23.08.2022.
The bail application of the applicant was rejected by the learned trial court on 15.11.2022.
The following arguments made by Shri Kedar Nath Mishra, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Pradeep Kumar Rai, learned counsel for the informant and Shri Rishi Chaddha, learned AGA from the record, entitle the applicant for grant of bail:
(1). The dispute is predominantly civil in nature.
(2). The criminal proceedings are being leveraged in the disputed civil claim made by the informant.
(3). The applicant did not violate the terms of the bail granted by this Court dated 16.02.2016.
(4). The offending sale deed was executed without any authority of law. The applicant has assailed the offending sale deed in a civil proceeding by instituting a Civil Suit No. 531 of 2021.
(5). The applicant has explained his criminal history. It is also contended that the applicant belongs to the economically poor strata of the society and is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in a number of cases only to show the proficiency of the police investigators. The applicant has never misused the liberty of bail granted in the said cases. The said cases do not have any bearing on the instant bail application.
(6). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Parmanand be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 2.2.2023 Dhananjai
Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the bail application of the applicant, facing charges under IPC Sections 420, 467, 468, 471, 120B, deserves to be allowed.
Parmanand
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
