Allahabad High Court
Irfan vs State Of U.P. on 6 March, 2020
Author: Umesh Kumar
Bench: Umesh Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1012 of 2020 Applicant :- Irfan Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.,Chetan Chatterjee,Gaurav Kakkar Hon'ble Umesh Kumar,J.
Parcha filed by Sri Gaurav Kakkar, Advocate, on behalf of the applicant and rejoinder affidavit are taken on record.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused-applicant- Irfan, who is involved in case crime no. 589 of 2018 under Sections 420, 406, 323, 504 I.P.C., Police Station- Station Nakur, District- Saharanpur.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case; that the FIR was lodged by informant, who is the mother of the accuseds with the allegation that a registry has been executed on 12.4.2017 in favour of nominated accused persons for an agricultural land in which informant and her daughters were also having 1/8th shares but the money i.e. 12 lacs incorporated in the sale deed by cheque No. 055772 of HDFC bank and cheque No. 323106 of Punjab National Bank which was fixed at the time of registry to the informant and her daughters was never paid; that the FIR was lodged highly belated from the alleged registry, after thought and under duress; that there is no allegation of forgery or any crime, the only allegation against the applicant is that he has not paid the money to her mother and sisters as agreed but in the contrary perusal of statement recorded under Section 161 Cr.P.C. of Gulista (daughter of informant) shows that she and her sister Shaista have received Rs.2.5 lacs each and Rs.49,000/- has also been received by her mother, copy of the statement is annexed at annexure-4 to the affidavit accompanying this bail application; that it is purely a case of family dispute having civil in nature but dragged into criminal dispute. Besides above submissions, the circumstances which according to learned counsel for the applicant led to the false implication of the accused-applicant has also been tried to be touched upon at length; that applicant is in jail since 15.8.2019 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.
Learned A.G.A and learned counsel for the informant has vehemently opposed the prayer for bail. Learned counsel for the informant further submits that the applicant had cheated his own mother and sisters by committing fraud and got executed sale deed of the property without giving any money as agreed; that the applicant has huge criminal history and the innocence of the applicant cannot be adjudged at pre-trial stage. There is material evidence showing the complicity of the applicant, hence he does not deserve any indulgence.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the above named applicant involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in investigation or trial and shall not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 6.3.2020/Fhd.