Allahabad High Court
Shambhoo @ Prashuram Lodh vs State Of U.P. on 1 April, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 90 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9193 of 2022 Applicant :- Shambhoo @ Prashuram Lodh Opposite Party :- State of U.P. Counsel for Applicant :- Shahroze Khan Counsel for Opposite Party :- G.A. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned Counsel for the applicant as well as learned A.G.A. and perused the record.
The accused- applicant is involved in Case Crime No. 144 of 2021, under Section 419, 420, 467, 468, 471 I.P.C. Police Station Uska Bazar District- Sidharth Nagar.
It is argued by the learned counsel for the applicant that the name of the applicant was endorsed as the son of Ram Milan in partivar register only on the request of Ram Milan because Ram Milan was unmarried and the applicant was living with him along with his own family. The brother of Ram Milan (the deceased) and maternal uncle of the applicant lodged the first information report. The applicant is in jail from 31.10.2021, hence, the prayer is made.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant and argued that the name of the applicant is Parashuram @ Shambhoo wherein in parivar register he has fraudulently got mutated his name as Shambhoo showing himself to be the son of Ram Milan. As the forgery has been committed by the applicant, the bail is opposed.
It is admitted fact that the present applicant is real Bhanja, the son of Ram Milan's sister and from the copy of parivar register appended the paper book, it is clear that Ram Milan died on 1.6.2019 and in parivar register copy dated 22.2.2018 also the name of the applicant was present in parivar register of Ram Milan. Ram Milan raised voice or not against this endorsement of Shambhoo is a matter to be decided by the evidence. Except the endorsement of his name in parivar register of the deceased Ram Milan, any other benefit had been claimed by the applicant is not the version of the prosecution. The applicant is in jail from 31.10.2021. The sections involved in the present offence are triable by the court of Magistrate.
Having heard the submissions of learned counsel for the parties, considering the seriousness of the charge and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant Shambhoo @ Prashuram Lodh involved in aforesaid 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 subject to following conditions.
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the dates fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail Order Date :- 1.4.2022 Gss