Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37849 of 2019 Applicant :- Makhanu Chauhan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manoj Kumar Chandel Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Sri Kamal Kumar Singh, Advocate has filed vakalatnama on behalf of the informant, which is taken on record.
Heard Sri Manoj Kumar Chandel, learned counsel for the applicant, Sri Kamal Kumar Singh, learned counsel for the informant as well as learned A.G.A. appearing for the State and perused the averments made in the first information report and rejection order.
It has been contended by learned counsel for the applicant that the applicant is a bone fide purchaser. According to prosecution, the allegation made by the first informant is that a sale deed was executed in his favour by the original title holder in the year 1987 and though this fact was in the knowledge of the applicant, yet he got another sale deed executed in his favour by the title holder on 4.6.2018. It is argued that prima facie no offence of forgery or cheating is made out against he applicant. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicant may be enlarged on anticipatory bail.
Per contra, learned A.G.A. as well as learned counsel for the informant have strongly opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant- Makhanu Chauhan involved in Case Crime No. 96 of 2019, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station- Ranipur, District- Mau, he shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant shall make himself available for interrogation by a police officer as and when required;
(ii) 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 him from disclosing such facts to the Court or to any police officer;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
The present Criminal Misc. Anticipatory Bail Application is, accordingly, allowed.
Order Date :- 25.9.2019 Vikas