Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45758 of 2017 Applicant :- Harish Kumar Alias Hari Mohan Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- C.D.Mishra Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar,J.
Parcha filed on behalf of complainant by Mr. D.K. Mishra, Advocate, is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 295 of 2016, under Sections 420, 467, 468, 471 IPC, Police Station - Hathras Gate, District - Hathras, with the prayer to enlarge him on bail.
The contention raised by learned counsel for the applicant is that the accused-applicant has been falsely implicated in the present case due to ulterior motive. It is submitted by the learned counsel that the applicant is husband of Devki in whose favour alleged will-deed had been executed by the father of Devki, Atal Bihari. A civil suit is also pending since 2002 for the cancellation of will-deed in favour of Devki. It is further submitted by the learned counsel that the present FIR has been lodged just to make pressure in the civil suit that is going on between the parties. It is next contended that the applicant is in jail since 14.9.2017 having no previous criminal history and in case he is enlarged on bail, he will not misuse the liberty of bail.
Whereas learned counsel for the complainant has opposed the prayer for bail and submitted that the will-deed that has been executed in favour of Devki is forged one and Atal Bihari never used to make a signature whereas in the will-deed, signature of Atal Bihari is there.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties, it can be said that there is dispute regarding two will-deeds between the parties and coaccused Devki being the daughter of Atal Bihari, could have got executed a forged will-deed in her favour, moreover applicant is husband of coaccused Devki and a civil suit is also pending for the cancellation of will deed dated 20.11.1985, without expressing any opinion on merits of the case, prima facie it is a fit case for grant of bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant Harish Kumar Alias Hari Mohan Sharma involved in Case Crime No. 295 of 2016, under Sections 420, 467, 468, 471 IPC, Police Station - Hathras Gate, District - Hathras, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant shall co-operate in the investigation.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall not pressurize the prosecution witnesses.
4. The applicant shall appear on the date fixed by the trial Court.
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 :- 27.11.2017 Ranjeet Sahu