Allowed

Guru Bachan v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko

Allahabad HC26 Jul 2024BAIL/7729/2024

Case brief

AI extract

What is this about?

The court considered a bail application in a fraud case involving the execution of a sale deed. The applicant, a Sub Registrar, sought interim bail citing innocence and cooperation in a civil suit. The court granted interim bail for three months subject to conditions including filing a written statement and ensuring witness safety.

What did the court decide?

Interim bail granted for three months on personal bond and two sureties with conditions to file written statement in civil suit and not tamper with witness or evidence.

Guru Bachan vs State of U.P. Thru. Prin. Secy. Deptt… — Cheating and Forgery | Allahabad HC (2024)

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Court No. - 29

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7729 of 2024

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Applicant :- Guru Bachan Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko

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Counsel for Applicant :- Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Dinesh Kumar Chaudhary, learned counsel for the applicant, Sri Anant Pratap Singh, learned A.G.A. for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 066 of 2023, under Sections 419, 420, 467, 468, 471, 323, 504, 506, 120-B I.P.C., registered at Police Station Harraiya, District Balrampur.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.04.2023 against four named persons, including the applicant, a Sub Registrar and an unknown person alleging that the co-accused Babadin in collusion with other two co-accused persons set up some imposter and got a sale deed of the informant's land executed in favour of the applicant on 08.02.2023.

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In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

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The learned counsel for the applicant has submitted that three of the co-accused persons Kanhaiya Lal (imposter executant of

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the sale deed), Ahmad Khan and Waseem (the witnesses of the execution of sale deed) have already been granted bail and copies of their bail orders are annexed as Annexure No.6 to the bail application.

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The learned counsel for the applicant further submitted that the applicant is victim of a fraud committed by the executent of sale deed who did not have title in respect of the property in dispute and the applicant will cooperate in Regular Suit No.46 of 2023 filed for cancellation of sale deed by the complainant in Gram Nyayalay Tulsipur, Balrampur by filing written statement admitting the claim of the complainant.

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Keeping in view the aforesaid facts, a case for grant of interim bail to the applicant is made out.

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Let the applicant-Guru Bachan be released on interim bail for a period of three months 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 following conditions that:-

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(i) the applicant will file written statement in Regular Suit No.46 of 2023 and file a certified copy thereof before this court in this application;

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

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

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

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trial court.

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List this case in the week commencing 17.02.2025.

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(Subhash Vidyarthi, J.)

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Order Date :- 14.11.2024 Ram.

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

Guru Bachan v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko

Case brief

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Guru Bachan v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko

Case brief

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