Dismissed

Ajay Kumar Tripathi v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC13 Feb 2024BAIL/1625/2024

Case brief

AI extract

What is this about?

Bail application under Sections 419, 420, 467, 468, 471, 120-B IPC for allegedly facilitating fraudulent municipal property mutation on the basis of a forged marriage certificate and forged thumb impression. Court found sufficient evidence against the applicant and dismissed the bail application.

What the court decided

AI extract

Ajay Kumar Tripathi vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:31509

¶2

Court No. - 8

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1625 of 2024 Applicant :- Ajay Kumar Tripathi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ajai Kumar,Vivek Kumar Rai Counsel for Opposite Party :- G.A.,Anil Kumar Tiwari

¶4

Hon'ble Rajeev Singh,J.

¶5

Heard learned counsel for the applicant, Shri V.K. Shahi, learned Additional Advocate General assisted by Shri Anurag Verma, learned A.G.A. for the State and Shri Anil Kumar Tiwari, learned counsel appearing for the complainant.

¶6

This bail application has been filed by the applicant in F.I.R. No. 319 of 2022, under Sections 419, 420, 467, 468, 471, 120-B IPC, Police Station Kotwali Akbarpur, District Ambedkar Nagar with the prayer to enlarge him on bail.

¶7

Learned counsel for the applicant submits that the applicant, who is working as peon in Nagar Palika Parishad, Akbarpur, District Ambedkar Nagar, has been falsely implicated in the present case. It is further submitted that the name of Neetu Singh as well as other two persons were mutated under the order of Executive Officer, on the basis of report submitted by the co-accused, Jai Ram Yadav and the applicant. Submission of the learned counsel for the applicant is that there could only be a case of departmental proceedings, in case, any negligency was found in the act of the applicant for conducting the inquiry related to the verification of the details of Neetu Singh as well as other two persons and there is no other evidence against the applicant. It is next submitted that charge sheet has already been filed and there is no possibility of tampering of any evidence. It is lastly submitted that the trial is not going on and, therefore, the applicant, who has no criminal antecedent and is in jail since 09.11.2023, is entitled for bail.

¶8

Shri V.K. Shahi, learned Additional Advocate General and learned counsel for the complainant vehemently oppose the prayer of the applicant and submit that on the basis of fabricated marriage certificate, which was relied by Neetu Singh, a report was submitted by the applicant that the facts mentioned in the application are true, on which, the name of Neetu Singh was mutated in the records. But, later on, a complaint was made by the informant, in which, it was found that the thumb impression of the informant, which was allegedly made in the register, was found forged and thereafter, the name of Neetu Singh was deleted from the records. It is also submitted that the informant of the present case never moved any application for mutation before the officials of Nagar Palika, Ambedkar Nagar. It is next informed that as the informant of the present case was having life threat from the accused persons, she approached this Court by means of Crl. Misc. Writ Petition No. 9713 of 2023, in which, protection was granted to her vide order dated 11.01.2024. It is, thus, submitted that no case for bail is made out and the application is liable to be rejected.

¶9

Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A., learned counsel for the complainant and going through the contents of the application, F.I.R. and other relevant documents, it is evident that on the basis of a forged marriage certificate, a mutation application was moved by Neetu Singh, on the basis of forged thumb impression of the informant, only with the intention to grab the property of the son of the informant. It is also evident that on the said application, the applicant has made a report by saying that documents are found genuine, on the basis of which, the name of Neetu Singh was mutated. As there are sufficient evidences against the applicant, no case for bail is made out.

¶10

The application, accordingly, stands dismissed.

¶11

Order Date :- 22.4.2024 VKS

¶12

Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Ajay Kumar Tripathi v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What the court decided

Ajay Kumar Tripathi v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Dheeraj @ Manav Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Laxman Prasad Pandey Vs State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Another

Shiva Shukla Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Satish Kumar Sharma @ Raju vs State of U.P. Thru. Prin. Secy. Home Lko.

Akhilesh Kumar Maurya vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Shubham Singh vs State of U.P. Thru. Prin. Secy. Home Deptt. Lucknow and Another