Dismissed

Ajay Kumar v. State of U.P Thru. Addil. Chief Secy. Home Civil Secrt. Lko.

Allahabad HC5 Jul 2024/463/2024

Case brief

AI extract

What is this about?

This order dismissed the second bail application of Ajay Kumar in a criminal case involving fraud and forgery. The High Court held that the applicant was an imposter who executed a sale deed falsely claiming to be a recorded tenure holder.

What did the court decide?

Bail application dismissed; applicant to remain in custody; trial court to conclude trial expeditiously.

Ajay Kumar Vs State of U.P Thru. Addil. Chief… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:45934

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Court No. - 17

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 463 of 2024

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Applicant :- Ajay Kumar Opposite Party :- State Of U.P Thru. Addil. Chief Secy. Home Civil Secrt. Lko.

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Counsel for Applicant :- Pal Singh Yadav,Ashish Kumar Singh,Prathama Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant through virtual mode as well as learned A.G.A. for the State of U.P. and perused the record.

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The second bail application has been filed on behalf of the applicant in Case Crime No.429 of 2022 under Sections 419, 420, 467, 468, 471, 34 I.P.C., Police Station Safdarganj, District Barabanki, with the prayer to enlarge him on bail.

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Learned counsel for the applicant submitted that the applicant is an innocent person and has been falsely implicated in the present case and he is in jail since 26.08.2023. He further submitted that after completion of graduation, applicant was doing BTC and he went to civil court for preparation of one affidavit which was required for moving application to get scholarship, and there, he met Dharmendra Singh, Advocate who prepared affidavit for him. Thereafter, applicant was called for making certain formalities and on advise of Dharmendra Singh, he made signatures on certain papers, later on, it came into his knowledge that one sale deed was executed by him in the name of Ajay Singh, S/o Shri Ranveer Singh. He further submitted that no sale consideration was received by the applicant, as in the sale deed, it is admitted case that the sale consideration was transferred through NEFT in the account of Dharmendra Singh. He further submitted that the co-accused, Dharmendra Singh, who is the facilitator/main architect of the crime in question, has already been granted bail by this Court. He further submitted charge sheet has already been filed and there is no possibility of tampering of evidences. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer of the applicant for grant of bail and submitted that nowadays, it is very much

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prevalent that imposters are selling properties of the recorded tenure holders or the actual owners and applicant also sold out the property of one Ajay Singh S/o Shri Ranveer Singh claiming himself as the recorded tenure holder by placing fabricated AADHAR card etc, therefore, he is not entitled to get parity with the co-accused Dharmedra Singh.

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Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents as well as totality of fact and circumstances, it is evident that applicant is an imposter and he executed sale deed claiming himself as recorded tenure holder in place of Ajay Singh, therefore, I am of the view that the applicant is not entitled to be released on bail.

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Accordingly, the present bail application is hereby dismissed.

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Trial court is directed to conclude trial, expeditiously without giving any unnecessary adjournment to either of the parties.

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Order Date :- 5.7.2024 V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Ajay Kumar v. State of U.P Thru. Addil. Chief Secy. Home Civil Secrt. Lko.

Case brief

What is this about?

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Ajay Kumar v. State of U.P Thru. Addil. Chief Secy. Home Civil Secrt. Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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