Allahabad High Court
Sardar Satnam Singh Khurana vs State Of U.P And Another on 17 September, 2019
Author: Rajul Bhargava
Bench: Rajul Bhargava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36001 of 2019 Applicant :- Sardar Satnam Singh Khurana Opposite Party :- State Of U.P And Another Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A. Hon'ble Rajul Bhargava,J.
Sri A.K.S. Bais, Advocate has filed vakalatnama on behalf of the informant, which is taken on record.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard Sri Vivek Singh, learned counsel for the applicant, Sri A.K.S. Bais, learned counsel for the informant as well as learned A.G.A. appearing for the State and perused the averments made in the first information report and rejection order.
Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. According to prosecution, a first information report has been lodged by the daughter-in-law of the applicant with the allegation that her marriage was solemnized with the son of the applicant in the year 2010 and due to illness he died in the year 2012. It is further alleged that the applicant has forged a will deed of her husband in order to deprive of her rights in the property in respect of which she has already lodged an F.I.R being Case Crime No.592 of 2013. Learned counsel has argued that admittedly after the death of informant's husband she was living at her parental home since 2012 and now in order to create pressure on the applicant to part with his property a false and frivolous F.I.R. has been lodged in the year 2019 with absurd and vague allegations. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant- Sardar Satnam Singh Khurana involved in Case Crime No. 398 of 2019, under Sections 420, 467, 468, 471, 120-B I.P.C., Police Station- Sadar Bazar, District- Saharanpur, he shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant shall make himself available for interrogation by a police officer as and when required;
(ii) the applicant shall not directly or indirectly, make any 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 to any police officer;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
The present Criminal Misc. Anticipatory Bail Application is, accordingly, allowed.
Order Date :- 17.9.2019 Vikas