Allahabad High Court
Ram Gopal Yadav vs State Of U.P. on 1 May, 2024
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:78146 Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37567 of 2023 Applicant :- Ram Gopal Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Pratap Singh,Pradeep Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.
1. Supplementary affidavit filed by learned counsel for the applicant is taken on record.
2. Heard Sri Durga Prasad Singh, learned counsel for the applicant, learned AGA for the State and perused the record.
3. The applicant seeks enlargement on bail in FIR/ Case Crime No.310 of 2023, under Sections 419, 420, 406, 120B, 506 IPC, P.S.- Chauri Chaura, District- Gorakhpur.
4. In terms of the F.I.R., it was alleged that a sale-deed was executed by the informant on 09.05.2023 in favour of one Durgawati Devi.
5. In respect of the sale-deed, it was argued that no amount of sale consideration mentioned in the sale-deed was ever received by the informant, who had sold the plot in question and thus, she was cheated. The counsel for the applicant draws the attention to the sale-deed, which indicates that the sale consideration was paid through various cheques, which were accepted by the seller. It is further argued that a suit for cancellation of sale-deed has also been filed by the informant being Civil Suit No.633 of 2023.
6. Learned A.G.A. vehemently opposed the bail prayer.
7. Considering the fact that essentially the matter has civil connotation and the applicant is not the purchaser of the property in question and the criminal antecedents of the applicant are duly explained in Para no.11 of the bail application and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.
8. Accordingly, the bail application is allowed.
9. Let the applicant- Ram Gopal Yadav be released on bail in FIR/ Case Crime No.310 of 2023, under Sections 419, 420, 406, 120B, 506 IPC, P.S.- Chauri Chaura, District- Gorakhpur, on his furnishing personal bonds and two reliable sureties of Rs. 20,000/- each to the satisfaction of the court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) 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 or tamper with the evidence.
Order Date :- 1.5.2024 SP/-