Allahabad High Court
Arjun Alias Anuj Tomar Alias Zomato vs State Of U.P. on 11 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:176095 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41354 of 2024 Applicant :- Arjun Alias Anuj Tomar Alias Zomato Opposite Party :- State of U.P. Counsel for Applicant :- Mandvi Tripathi,Santosh Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Mandvi Tripathi, learned counsel for the applicant and Sri Manoj Kumar Singh, learned Brief Holder for the State-respondent.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 55 of 2024, under Sections 420, 467, 468, 471 IPC, Police Station Modinagar, District Ghaziabad, during pendency of the trial in the court below.
3. Learned counsel for the applicant submitted that on the basis of false allegations, applicant has been made accused in the present matter alongwith others and only allegation against the applicant is that he is one of the marginal witnesses in the sale deed alleged to have been fraudulently executed by co-accused Nirmala Devi.
4. He further submitted that co-accused Rishabh was also marginal witness of the sale deed and he has already been released on bail by this Court and his bail order has been annexed as annexure-5 to the affidavit filed in support to the instant bail application and case of applicant is at par with him.
5. He further submitted that applicant is having no criminal history and all the alleged offences are triable by Magistrate and he is in jail in the present matter since 26.6.2024.
6. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant.
7. I have heard learned counsel for the parties and perused the record of the case.
8. Considering the fact that only allegation against the applicant is that he is one of the marginal witness in the sale deed alleged to have been fraudulently executed by the co-accused Nirmla Devi and similarly placed co-accused Rishabh who was also one of the witness of the sale deed has already been released on bail by this Court and applicant is having no previous criminal history and all the alleged offences are triable by Magistrate and in the present matter, applicant is in jail since 26.6.2024, in my view, applicant is entitled to be released on bail.
9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
10. Let the applicant- Arjun Alias Anuj Tomar Alias Zomato, 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 the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
11. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
12. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 11.11.2024 Ankita