Allahabad High Court
Haider @ Sajju vs State Of U.P. on 22 June, 2020
Author: Ali Zamin
Bench: Ali Zamin
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15528 of 2020 Applicant :- Haider @ Sajju Opposite Party :- State of U.P. Counsel for Applicant :- Ashfaq Ahmed Ansari Counsel for Opposite Party :- G.A.,Mohd Imdad Siddiqui,Vinay Ranjan Nigam Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the informant and perused the material on record.
The present bail application has been moved by the applicant with a prayer to enlarge him on bail in Case Crime No.523 of 2019, under Sections 147, 504, 506, 419, 420, 467, 468, 386 I.P.C., Police Station Jhunsi, District Prayagraj.
Learned counsel for the applicant has submitted that according to prosecution, informant Shahid Ahmad purchased a land from one Anju Kesarwani. After purchasing the land, on 15.6.2019, informant reached the spot for taking possession then applicant also reached there and abused the informant and others and stated that the informant has to possess the land then he pays an amount of Rs.1 crore. Mohammad Mehandi, uncle of the applicant was issueless and executed a will deed in favour of Rasid Ahmad, father of the applicant in the year 1954 under 1359 Fasli record, name of Mohammad Ahmad is recorded. Proceeding under Section 9A(2) of the U.P. Consolidation of Holdings Act was initiated by the father of applicant. Name of the applicant's father was directed to be recorded in place of the informant. Form-23 of CH Act, name of Mohammad Mehandi is recorded. Father of the applicant has also instituted a Civil Suit No.188 of 2016 before the Court of Civil Judge (Jr. Divn.), Allahabad, which is pending. He has further submitted that a Civil Suit is already pending under Section 420 I.P.C. and the applicant has no criminal history, therefore, the applicant be released on bail.
Learned A.G.A. and learned counsel for the informant opposed the prayer of bail application and submits that informant has purchased the land by way of sale deed and the applicant is Bhu-Mafia. When a person purchases a land then by preparing a forged document, applicant interferes in giving possession of the purchased land. Applicant purchased a land by way of will deed but the plot number is not mentioned in the will deed as shown in the page 26 and 27. Rasid Ahmad has also instituted a Civil Suit No.786 of 2000 (Vasir Ahmad Vs. Murtaza Husain and others) in which a decree has been passed but name of Mohammad Mehandi is not mentioned. He has also submitted that Mohammad Mehandi belongs Siya Community and applicant belongs to Sunni Community, therefore, the alleged will cannot be executed. Mohammad Mehandi was also educated person and he used to make his signature in English. In his life time, he had executed a sale deed in favour of Samsad Jahan on 2.2.2012 in which he made his signature in english. Mohammad Mehandi, Mahmood Mehandi and Ahmad Mehandi were real brothers whose father's name was Rajiuddin. In the sale deed executed in favour of Samsad Jahan, it is also mentioned that the land of Malava Bujurg was sold. In the alleged will, which is appended, he used to make his signature in english, therefore, the alleged will is forged. It has been further submitted that in para 19 of the affidavit, it has been mentioned that no offence under Section 419, 420, 467, 468 I.P.C. is made out while F.I.R. has been lodged under Section 386 I.P.C. also, whereby it is admitted by him that offence under Section 386 I.P.C. is made out, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Haider @ Sajju involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
(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.
(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.
(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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 22.6.2020 Anil K. Sharma