Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32845 of 2019 Applicant :- Saiful Haq And 4 Others Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Mohit Behari Mathur Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Dharmendra Singhal, learned Senior Advocate assisted by Sri M.B. Mathur, learned counsel for the applicant 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 argued by learned counsel for the applicant that the F.I.R. was lodged by one Mohd. Khalid, Assistant Survey Commissioner, Waqf, Rampur on 9.6.2019 in respect of Gata Nos. 441/1 and 458/1 that the said property is a waqf property, therefore, the applicants had no right to enter in any kind of transaction including sale of the said property. However, despite knowing the fact that the property in question is a waqf property, some of the applicants have usurped the waqf property and executed sale deed in favour of Mohd. Parvez. Learned Senior Advocate has argued that in fact the property in dispute is an ancestral property and for the past several decades the names of forefathers of the applicants are mentioned in the revenue records. However, after some manipulation the property in question was entered in the name of Mutwalli Waqif. It is stated that subsequently the names of the applicants were again entered in the revenue records vide order dated 2.3.2019 passed by Additional District Magistrate, Rampur. Submission is that the dispute between the parties can best be resolved in Civil and Revenue Court, however, with an ulterior motive a false F.I.R. has been lodged by the first informant without surveying the correct facts. The applicants have no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the facts and circumstances of the case, the applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants- Saiful Haq, Nahid Siraj, Faizal Haq, Smt. Nasreen Masoor and Syed Iftikhar Ali involved in Case Crime No. 379 of 2019, under Sections 420, 467, 468, 471 I.P.C., Police Station- Kotwali, District- Rampur, they 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 each of them 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;
(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 him 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 they have 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.
The present Criminal Misc. Anticipatory Bail Application is, accordingly, allowed.
Order Date :- 22.8.2019 Vikas