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Rajendra Pal Singh And Others vs State Of U P And Another

High Court Of Judicature at Allahabad|26 August, 2019
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JUDGMENT / ORDER

Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32848 of 2019 Applicant :- Rajendra Pal Singh And 3 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Mrityunjay Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the first information report as well as rejection order.
Learned counsel for the applicants submitted that they have been falsely implicated by the first informant, infact a transaction between the first informant and applicant no. 4 had taken place in 2008 and sale deed was also executed by the first informant, however, after more than 10 years, it is alleged that sale deed executed in favour of applicant nos. 1, 2 and 3 by the applicant no. 4 through an imposter of first informant. Learned counsel states that they are ready to cooperate with the investigation and shall appear before the I.O. if at all their hand writing and thumb impressions are required for being sent to hand writing expert, therefore, the applicants may be enlarged on anticipatory bail.
Learned A.G.A. has vehemently opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants Rajendra Pal Singh, Pitambar Singh, Satish Chandra Sharma and Anil Kumar @ Virendra Pratap Singh involved in Case Crime No. 81 of 2019, u/s 420, 467, 468, 471, 506 IPC, P.S. Gabhana, District Aligarh 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 their 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 applicants shall make themselves available for interrogation by a police officer as and when required, especially if called for taking their specimen signatures/ thumb impression for being tallied with the signatures or thumb impression on the sale deed in question.
(ii) the applicants 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 them from disclosing such facts to the Court or to any police officer;
(iii) the applicants shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by them 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 applicants.
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 applicants.
The applicants are 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.
Let the copy of this order be sent by the Registrar General of this Court to Sessions Judge concerned for it's compliance.
Order Date :- 26.8.2019 Dhirendra/
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Title

Rajendra Pal Singh And Others vs State Of U P And Another

Court

High Court Of Judicature at Allahabad

JudgmentDate
26 August, 2019
Judges
  • Rajul Bhargava
Advocates
  • Mrityunjay Dwivedi