Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16702 of 2021 Applicant :- Jokhu Prasad Opposite Party :- State of U.P.
Counsel for Applicant :- Narendra Kumar Chaturvedi Counsel for Opposite Party :- G.A.,R.S. Pandey
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Jokhu Prasad, in connection with Case Crime No. 390 of 2018, under Sections 419, 420, 466, 467, 468, 471, 120B IPC, Police Station - Sahjanwa, District - Gorakhpur.
Heard learned Counsel for the applicant, Ms. Rajshree Malviya, Advocate holding brief of Mr. R.S. Pandey, learned Counsel for the complainant, and Mr. Shashi Shekhar Tiwari, learned A.G.A. appearing for the State.
It is submitted that the present case has been registered against the applicant and co-accused at the instance of Tufail Ahmad on 02.08.2018, where it has been alleged that one Durvasi Devi alias Phoolvasi Devi has purchased abadi land through a sale deed dated 30.06.2013, showing boundaries in the sale deed, which are identical to that of land purchased by the informant's mother, vide registered sale deed dated 12.11.2008. Cheating, fraud and preparation of false document have, therefore, been alleged. It is submitted that the applicant is a marginal witness to the sale deed dated 20.06.2013. He is neither the vendor nor the vendee or has any beneficial interest in the transaction. It is pointed out that in the Case Diary, statements and reports of Tehsil Authorities have been indicated, which show that no demarcation of the land in dispute has been made or done by the Revenue Authority and it is not at all clear as to whether there is indeed a sale done of land already sold to the informant's mother. It is next submitted that co-accused Ram Dhani, Anil Sahni and Arvind Sahni have filed Application under Section 482 No. 5383 of 2021, wherein this Court has issued notice and stayed further proceedings of the pending case before the Magistrate until further orders. However, since the applicant has already been arrested, no benefit of the order would enure to him. It is also pointed out that the applicant has no criminal history and is in jail since 08.03.2021.
The learned A.G.A. and Ms. Rajshree Malviya, Advocate holding brief of Mr. R.S. Pandey, learned Counsel for the complainant, have vehemently opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the identity of the land sold through offending sale deed does not appear to be prima facie established, due to lack of demarcation by the Tehsil Authority, the fact that the applicant is a marginal witness and holds no beneficial interest in the transaction, the fact that at the instance of other co- accused, proceedings of the case before the Trial Court have been stayed and there are no chances, therefore, of the trial coming to a terminus at an early date, the fact that the applicant has no criminal history and is in jail since 08.03.2021, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant - Jokhu Prasad be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall appear on the date fixed by the Trial Court.
(iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
(v) The applicant 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 such person from disclosing facts to the Court or to any Police Officer or tamper with the evidence.
(vi) The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, which shall be self attested by the counsel of the party concerned.
(vii) The Court/Authority/Official concerned 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.
In case of default of any of the condition(s) enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will, in no way, be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 11.5.2021 I. Batabyal