Allahabad High Court
Rajendra vs State Of U.P. on 3 August, 2023
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:155668 Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34065 of 2023 Applicant :- Rajendra Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
2. The FIR in question was lodged alleging that an agreement to sale was executed in respect of a land with the condition that the sale deed would be executed after getting the requisite permission under Section 143 of the UPZA & LR Act which appears the execution of the sale deed at the instance of a person belonging to a Scheduled Caste. It was further alleged that amount of Rs.3/- lac was advanced in pursuance to the said agreement. Subsequently, it was also alleged that based upon wrong facts and placing an imposter, the said agreement was executed.
3. The Counsel for the applicant argues that the photographs of the applicant are misused and he was not aware of the same. He further argues that any amount as alleged has not been paid to him from any banking channels and, thus, the applicant is being roped in only in order to force the applicant to sale the land in question.
4. Learned A.G.A. vehemently opposed the bail prayer.
5. Considering the nature of allegations coupled with the fact that the applicant has no criminal history and is in custody since 18.05.2023, 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.
6. Accordingly, the bail application is allowed.
7. Let the applicant Rajendra be released on bail in FIR/ Case Crime No.314 of 2022, under Sections 419, 420, 467, 468, 471 IPC, Police Station Siddharthnagar, District Siddharthnagar on his furnishing personal bonds and two reliable sureties of Rs.25,000/- 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 :- 3.8.2023 akverma