Allowed

Pappu v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Allahabad HC6 May 2025BAIL/3893/2025

Case brief

AI extract

What is this about?

Pappu; Criminal Misc. Bail Application 3893 of 2025; AHC-LKO; Manish Mathur J.; 6.5.2025; bail allowed; Case Crime 288 of 2024; Sections 419, 420, 467, 468, 471, 504, 506/34, 120-B IPC; P.S. Dalmau, Raebareli; fabricated sale deed by impersonation of owner; no specific allegation against applicant; co-nominated accused (F.I.R. Sl. Nos. 1-3) already enlarged on bail; incarceration since 3.2.2025; p

What did the court decide?

Bail application allowed; applicant Pappu to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to condition

Pappu Vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. — Cheating and Forgery | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:26461

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3893 of 2025

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Applicant :- Pappu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Ashutosh Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Manish Mathur,J.

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Heard Mr. Ashutosh Kumar Shukla 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. 288 of 2024 under Sections 419, 420, 467, 468, 471, 504, 506/34, 120-B of IPC, Police Station Dalmau, District Raebareli.

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As per contents of F.I.R., the informant has been deceived a substantial amount of money for the purposes of execution of sale deed but subsequently gained knowledge that the sale deed was fabricated by impersonation of the actual owner of the property.

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It is submitted that applicant has been falsely implicated in the charges levelled against him which would be evident from the fact that there is no specific allegation levelled against the applicant of either being the vendor or vendee or even marginal witness of the sale deed. There is no allegation that he has received any amount of consideration. The previous criminal history of applicant has been explained who is under incarceration since 3rd February, 2025 and had cooperated during investigation.

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Learned A.G.A. has opposed bail application but does not dispute the said facts. It is admitted that applicant's previous criminal history has been explained.

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Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial, it appears that primary gist of allegations has been levelled against persons nominated in the F.I.R. at Sl. Nos.1 to 3 who have already been enlarged on bail by this court. There does not appear to be any specific allegation levelled against the applicant with regard to impersonation for fabrication of the sale deed.

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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 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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Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case.

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Accordingly bail application is allowed.

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Let applicant Pappu 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 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

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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 :- 6.5.2025 prabhat

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

Pappu v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

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Pappu v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Case brief

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