Allahabad High Court
Tanveer Saleem vs State Of U.P. on 5 May, 2021
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 26 Case :- BAIL No. - 3872 of 2021 Applicant :- Tanveer Saleem Opposite Party :- State of U.P. Counsel for Applicant :- Mrs.Suniti Sachan,Vivek Srivastava Counsel for Opposite Party :- G.A.,Arvind Kumar Tiwari Hon'ble Alok Mathur,J.
1. Heard Mrs. Suniti Sachan, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. through video conferencing in view of COVID-19 pandemic.
2. The present bail application has been filed on behalf of the applicant seeking bail in pursuance to the First Information Report registered as Case Crime No.461 of 2020 under Sections 419, 420, 467, 468, 471, 211, 506 I.P.C., Police Station -Kotwali Nagar, District -Rae Bareli.
3. It is submitted by learned counsel for the applicant that the complainant is sister-in-law of the applicant and according to the F.I.R. after death of the husband of the complainant forged Nikahnama was manufactured by the applicant so as to deprive the complainant of the property that she would have inherited after the death of husband of the complainant. Learned counsel for the applicant submits that contents of the F.I.R. are absolutely false and frivolous. It is further submitted that by means of order dated 28.11.2020, the Tehsildar (Judicial), District- Rae Bareli has transferred the ownership of the property in favour of the complainant after death of her husband and thus, the allegation that forged Nikahnama has been manufactured is unreliable. It is, therefore, submitted that in light of order dated 28.11.2020 passed by Tehsildar (Judicial), Rae Bareli, there is no motive on the part of the applicant to manufacture the said Nikahnama.
4. Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant.
5. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations and the fact that offences are triable by Magistrate and furthermore the order dated 28.11.2020 passed by Tehsildar (Judicial), Rae Bareli where property has been transferred in favour of the complainant, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
6. Let applicant Tanveer Saleem be released on bail in the aforesaid case crime on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(i) The applicant shall file an undertaking to the effect that he 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.
7. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
8. The application stands disposed of.
Order Date :- 5.5.2021 Shanu/-