Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14503 of 2021 Applicant :- Anand Mohan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narendra Kumar Chaturvedi,Arvind Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This is an application for the anticipatory bail given by the applicants, namely, Anand Mohan, Shashikant and Manoj Kumar in Case Crime No. 0102 of 2021, under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C., P.S.- Jamaniya, District - Ghazipur.
The F.I.R. version is that on 07.09.2019 applicant nos. 1, 2 and 3 executed a sale deed in favour of other accused persons which was in excess of their legal share.
The submission of the learned counsel for the applicants is that it is admitted fact that sale deed was executed by applicant nos. 1, 2 and 3. Further submission is that the sale deed was executed on 07.09.2019 and 12.03.2020 and the F.I.R. has been lodged on the basis of power of attorney executed much after the sale deed was executed. Further submission is that the nature of the dispute is civil, however the applicants claimed that they have executed sale deed in respect of their legal share. The nature of the case is as such that legal remedies are always open and it cannot be imputed that many kind of forgery was conducted by the applicants. Further submission is that the applicants have been falsely implicated and therefore, they are entitled to get the benefit of anticipatory bail. It is further submitted that applicants have no criminal history and applicants are prepared to furnish surety and bond, there is no possibility of their either fleeing away from the judicial process or tampering with the evidence, therefore, applicants are entitled for grant of anticipatory bail.
Learned A.G.A. has vehemently opposed the prayer of bail but the fact has not been disputed that the said sale deeds were executed much before the date when the power of attorney was executed by the informant.
In view of the allegations made and the kind of averment in the F.I.R. and the threat perception which is apparent in the F.I.R. as alleged in the bail application, I find it to be a fit case in which anticipatory bail may be granted to the applicants. Hence the anticipatory bail application is allowed till the filing of the charge-sheet.
In the event of arrest of the applicants, namely, Anand Mohan, Shashikant and Manoj Kumar involved in the aforesaid case shall be released on anticipatory bail on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer /C.J.M./ Court of the police station concerned with the following conditions:-
1) The applicants shall make themselves available for interrogation by a police officer as and when required;
2) The applicants 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;
3) The applicants shall not leave India without the previous permission of the court;
4) In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
5. In case of filing of charge-sheet they shall appear before the court concerned for suitable orders according to section 438(3) Cr.P.C. and other condition which may be imposed by the Magistrate or the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad and the concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
The applicants are directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today.
Accordingly the anticipatory bail application is finally disposed off.
Order Date :- 24.9.2021 Ankita