Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40069 of 2019 Applicant :- Mahtab Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
The present anticipatory bail application has been filed by the applicant in Case Crime No. 183 of 2019, under Sections 406, 420, 467, 468, 471 IPC, Police Station Saidnagali, District Amroha, with the prayer to grant anticipatory bail to the applicant.
I have perused the FIR as well as the order by means of which the anticipatory bail application has been rejected by the court below.
Learned counsel for the applicant submitted that he is wholly innocent, he is illiterate villager and he has not entered in any transaction of execution of sale deed to co-accused. Infact, he is also a victim and his photograph has been affixed on the forged sale deed, therefore, the applicant may be enlarged on anticipatory bail.
Learned AGA has opposed the prayer for anticipatory bail with the contention that the first informant is widow lady and the applicant acted as imposter of her deceased husband had sold her property to co-accused Sube Singh and Satpal Singh. It is alleged that in the sale deed photograph of the applicant is also affixed. The applicant may be required to custodial interrogation during investigation and also for obtaining hand writing and thumb impression for the purpose of tallying the same by the hand writing expert and looking to the gravity of offence, no case for grant indulgence is made out.
After hearing learned counsel for the parties and after perusing the impugned FIR and also looking to the seriousness of the allegation as made in the FIR, gravity of offence and the severity of punishment and the fact as advanced by the learned AGA, no case for grant of any indulgence is made out.
Accordingly, the application for anticipatory bail is rejected.
Order Date :- 27.9.2019 Dhirendra/