Allowed

Deepu Rawat v. State of U.P. Thru. Addl. Chief Secy. Home, Civil Sectt. Lko.

Allahabad HC18 Mar 2024BAIL/3047/2024

Case brief

AI extract

What is this about?

Bail application under IPC Sections 406, 419, 420, 467, 468, 471 for allegedly executing a sale deed as an imposter. Court noted co-accused already granted bail and prolonged incarceration without framing of charges, and allowed bail with conditions.

What did the court decide?

Applicant released on bail on personal bond and two sureties, subject to conditions of not tampering with evidence, not pressurising witnesses and appearing on every trial date.

Deepu Rawat vs State of U.P. Thru. Addl. Chief Secy… — Cheating and Forgery | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:77126

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Court No. - 29

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3047 of 2024

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Applicant :- Deepu Rawat Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home, Civil Sectt. Lko. Counsel for Applicant :- Ram Karan,Vivek Chandra Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Vivek Chandra, learned counsel for the petitioner and Shri Anant Pratap Singh, learned AGA for the State and perused the record.

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The instant application has been filed seeking release of the applicant on bail in FIR/Case Crime No.988 of 2022 under Section 406, 419, 420, 467, 468, 471 I.P.C. registered at Police Station Kotwali Nagar, District-Barabanki.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.09.2022 against 13 named persons, not including the applicant stating that some imposter had executed a sale deed of informant's land in favour of a Company.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in another case has been disclosed in the affidavit filed in support of the application.

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Five co-accused persons namely, Dharmendra Singh, Satish, Kuldeep Yadav, Mukesh Kumar Yadav and Madan Nag have been granted bail in the present case.

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The State has filed a counter affidavit opposing the bail application and it has been stated that it came to light during investigation that the applicant had executed the sale deed acting as an imposter in place of the informant. However, there is no specific allegation of any amount having been transferred to the applicant's bank account.

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The applicant is languishing in jail since 06.04.2023 and even the charges have not been framed till date.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact the other two co-accused persons have already been granted bail and the applicant is languishing in jail since 06.04.2023, I am of the view that the applicant is entitled to be released on bail.

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Accordingly, this bail application stands allowed .

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Let the applicant-Deepu Rawat be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court unless his personal appearance is exempted by learned trial court.

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[Subhash Vidyarthi, J.]

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Order Date :- 21.11.2024 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Deepu Rawat v. State of U.P. Thru. Addl. Chief Secy. Home, Civil Sectt. Lko.

Case brief

What is this about?

What did the court decide?

Deepu Rawat v. State of U.P. Thru. Addl. Chief Secy. Home, Civil Sectt. Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Case details

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