Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17779 of 2019 Applicant :- Furqanullah Lari Opposite Party :- State Of U.P.
Counsel for Applicant :- Nazrul Islam Jafri,Khurshed Alam Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Furqanullah Lari has prayed to release him on bail in Case Crime No. 296 of 2005 (Criminal Case No. 2310 of 2007) u/s 419, 420, 467, 468, 120B I.P.C., P.S. Salempur, District Deoria.
Heard learned counsel for the applicant and learned counsel for the informant as well as AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number with accusation that he was attesting witness of gift deed alleged to be fraudulently got executed by co-accused in favour of girls school namely Khudaija Biwi Maqdoom Bux Girls Degree College, Lar, which was established in the name of his wife Khudaija Biwi whereas this Hibanama was never challenged either by Maqbool Ahmad Lari during life time and or his family members before any civil Court. This gift deed was given effect by way of mutation in revenue Court, in the name of above Khudaija Biwi Maqdoom Bux Girls Degree College, Lar, and this mutation was challenged and a revenue case has been registered, in which revenue Court is to adjudge about validity of above Hibanama. Accused applicant is of no criminal antecedents nor beneficiary of the same. Hence, bail has been prayed for.
Learned counsel for the informant has vehemently opposed the bail application with this contention that in a proceeding under Section 482 of Cr.P.C., this Court has refused to give relief, against which a proceeding before Apex Court was taken, which too was dismissed. Even after sufficient time and direction since 2012, accused persons did not surrender and ultimately his presence could be procured as above. This deed Hibanama was a result of fraud, in which he was attesting witness and in case of release on bail, his presence will become impossible. Hence, bail be rejected.
Learned AGA has also vehemently opposed the bail application.
Perusal of First Information Report reveals that informant, who is heir of Maqbool Ahmad Lari, has said that after the death of his father and going through the record, it transpires that some Hibanama has been got executed. Though no such Hibanama was ever executed by Sri Maqbool Ahmad Lari. Meaning thereby, before this filing of report and alleged knowledge of this Hibanama, none had opposed this Hibanama, which was executed in year 1999 for transferring same land owned by Sri Maqbool Ahmad Lari in the name of Girls Degree College, running during lifetime of Maqbool Ahmad Lari, over his land in the name of his wife Khudaija Biwi Maqdoom Bux Girls Degree College, Lar and this land was got mutated in above college land. Subsequently, a petition was filed before revenue Court, in which the matter is subjudice. So far as observation of this Court in a proceedings under Section 482 of Cr.P.C. is concerned, Apex Court in its order, with specific mention has said that whatever has been written in above proceeding by High Court is limited for that proceeding before High Court only. Meaning thereby, it is not to be taken in any other proceeding but apparently accused applicant is attesting witness of gift deed, which has to be claiming a valid gift deed and above gift deed has yet not been canceled by any competent Court and not a finding has been reached that it was a forged or fictitious deed. Accused applicant is not a beneficiary of above deed nor he is denying the execution of above deed. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Furqanullah Lari, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 29.4.2019 Kamarjahan