Deena Nath Vs State of U.P. Thru. Prin. Secy. Home Lko.

Neutral Citation No. - 2025:AHC-LKO:29888

Court No. - 13

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2736 of 2025

Applicant :- Deena Nath Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rakesh Kumar Saini Counsel for Opposite Party :- G.A.

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Hon'ble Manish Mathur,J.

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Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State and perused the record.

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This first bail application has been filed with regard to Case Crime No. 08 of 2025 under Sections 419, 420, 467, 468 & 471 IPC P.S. Rehra Bazar, District Balrampur.

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As per contents of FIR in which applicant is not nominated, allegation levelled is of fabricated sale deeds having been executed of immovable property belonging to applicant by impersonating.

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It is submitted that applicant has been falsely implicated in allegations levelled against him which would be evident from the fact that applicant is neither nominated in the FIR nor has any allegation been levelled against him and it is only subsequently in the course of investigation that applicant was indicated as the person that who allegedly impersonated the actual owner of property. It is submitted that there is no identification of the applicant as being the impersonator. It is submitted that applicant is not a beneficiary of the transaction and does not have any previous criminal history.

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Learned A.G.A. appearing on behalf of the State has opposed bail application with the submission that was during the course of investigation that the name of applicant came as being the person who impersonated the actual owner of property. It is, however, admitted that applicant does not have any previous criminal history.

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Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant

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paragraphs of the judgment are as under :-

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"21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty."

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"27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution."

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Upon consideration of submissions advanced by learned counsel for parties, prima facie, subject to evidence being led in trial, at this stage it appears that applicant's name has been introduced only subsequently during the course of investigation as the person who allegedly impersonated the actual owner. However, the aspect of identification of the applicant and the impersonator would be subject matter of evidence during the course of trial. Applicant admittedly does not have any previous criminal history and he is under incarceration since 21.01.2025.

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Considering the submissions of learned counsel for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.

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Let applicant, Deena Nath , involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may

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proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 20.5.2025 Satish

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Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench

Deena Nath v. State of U.P. Thru. Prin. Secy. Home Lko.

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