Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47879 of 2021 Applicant :- Chhabban And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Jawahar Lal Maurya Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
By means of this application filed under Section 439 of Cr.P.C., the applicant who is involved in Case Crime No416 of 2009, under Sections 147, 419, 420, 467, 468, 471, 120B I.P.C., Police Station Badlapur, District Jaunpur and are in jail since 8.9.2021, are seeking enlargement on bail during the trial.
Learned counsel for the applicants submitted that applicants are innocent and have been falsely implicated in the present case. He further submitted that in this case the first information report was lodged on the application under Section 156(3) Cr.P.C., wherein it is alleged that regarding Arazi No.565-52/566-52, a suit was filed by the applicants bearing Suit No.445 of 2000 (Baldev Vs. State) and obtained fictitious decree against which the appeal is pending. He further submitted that this dispute is of civil nature and whether any false written statement was filed or any fraud was played on the court, it to be decided by the appellate court. He further submitted that no specific role has been assigned to the applicants. He further submitted that the applicants are languishing in jail since 8.9.2021 and that in case they are released on bail, they will not misuse the liberty of bail and will co-operate with the trial.
Learned A.G.A. has opposed the prayer for bail, but he has not disputed the fact that the matter is of civil nature and can be decided by the appellate court at the time of disposal of appeal and in this connection the concerned court may make inquiry regarding genuineness of the written statement as well as correctness of the proceeding.
I have gone through the file. When any fraud is committed in the proceeding of the court, it is provided under Section 195 of Cr.P.C. that after inquiry the complaint can be instituted before the court.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Chhabban and Jagdev @ Munnu involved in aforesaid crime be released on bail on furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The applicants shall not tamper with the evidence during the trial.
2. The applicants shall not pressurize/intimidate the prosecution witness.
3. The applicants shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to seek cancellation of bail in accordance with law.
The party may file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by pairokar of the applicant.
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.
Order Date :- 23.12.2021 Anil K. Sharma