Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38311 of 2019 Applicant :- Gopal Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Atul Kumar Srivastava,Sanjay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. appearing for State and perused the record.
This application under Section 438 Cr.P.C. has been filed by Gopal Singh for grant of anticipatory bail during the course of investigation in Case Crime No. 32 of 2019, under Sections 419, 420, 406, 467, 468, 471, 504, 506, 120B I.P.C., Police Station Rohaniya, District Varanasi.
Learned counsel for applicant argued that applicant is neither vendor nor impersonator nor attesting witness of the alleged deed. His name is not there in the F.I.R. He is of no concern. His name was brought in light on the basis of statement of Ram Babu Bind, who is co-accused, and against whom a complaint was lodged at the office of S.S.P., Varanasi, regarding fraud committed with applicant. Therefore, the applicant may be enlarged on anticipatory bail.
Learned A.G.A. vehemently opposed the prayer for bail.
Having heard learned counsel for both sides and gone through the rival contentions made by them, as well as the impugned rejection order and the F.I.R., it is apparent that the F.I.R. was got lodged by Munnar Ram against Siddharth Mishra, who was purchaser of land through fraudulent deed of which Sri Ram Upadhyay and Shailendra Kumar Dubey were attesting witnesses, wherein specific contention was made that they have got deed executed by impersonating the informant by presenting some person in his place and manufacturing forged and fictitious documents. The person, who executed sale deed by impersonating the informant, was apprehended and he was Ram Babu Bind, who being accomplish, made statement that he executed this sale deed by impersonating himself as Munnar Ram, but the documents of his identity etc. were manufactured and fabricated by the present applicant in connivance of Siddharth Mishra and others. Meaning thereby the role of fabricating and manufacturing forged and fictitious documents and valuable security have been assigned against the applicant.
The offence is very heinous.
The application is rejected accordingly.
Order Date :- 27.9.2019 Pcl