Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32720 of 2019 Applicant :- Sikandar Sehara Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Dulare Singh,Mayank Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri R.D. Singh, learned counsel for the applicant, learned A.G.A for the State and perused the first information report as well as rejection order.
Learned counsel for the applicant submitted that according to averments made in the F.I.R., three named accused had advanced loan from subsidiary of P.N.B. Housing Finance Ltd. on the basis of forge documents of immovable property, there is not a word about the applicant's involvement in the F.I.R., however, during investigation one accused Vipin @ Kapil named in the F.I.R. was arrested and he stated before the police that the applicant also involved in forging the documents based on which loan was taken by him. Learned counsel states that except confessional statement of the co-accused there is no evidence of forgery by the applicant at this stage and he is ready to cooperate with the investigation if at all his hand writing and signatures are required for being tallying by hand writing expert and he shall abide all conditions imposed by the court.
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 applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Sikandar Sehara involved in Case Crime No. 816 of 2018, u/s 420, 419, 406, 467, 468, 471, 120B IPC, P.S.
Hariparvat, District Agra 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 them 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.
(iv) the applicant shall appear before the I.O. as and when he called for taking specimen signature by his hand writing for being tallied for the alleged forged documents on the basis of which loan was advanced by the named accused.
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.
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 :- 21.8.2019 Dhirendra/