Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46274 of 2017 Applicant :- Tahseen Raza Opposite Party :- State Of U.P.
Counsel for Applicant :- Harish Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant in Case Crime No. 936 of 2017, under Section 420 IPC, Police Station - Civil Lines, District - Moradabad, with the prayer to enlarge him on bail.
The contention raised by learned counsel for the applicant is that the accused-applicant has been falsely implicated in the present case due to ulterior motive. It is submitted by the learned counsel that the will-deed is said to have been executed in favour of complainant Azra Parveen by mother of parties. It is submission of the learned counsel that applicant alongwith other brothers have sold 2/3rd share of the property for which they were entitled as per Muhammadan Law, even 1/3rd share has been given to Azra Parveen by way of will-deed. The right of the applicant remains in the property alongwith his brothers to the extent of 2/3rd share. A civil suit for cancellation of will- deed has already been filed by the applicant in August, 2017 and as per Muhammadan Law Will cannot be made in favour of heirs and there cannot be will of more than 1/3rd share of the total property. It is also submission of the learned counsel that there are three sisters of the applicant but 1/3rd share that has been given by way of will, only given to one of the sisters that is complainant. It is submitted by the learned counsel that the sale-deed executed bonafidely seeing the share of the applicant.
It is next contended that the applicant is in jail since 3.11.2017 having no previous criminal history and in case he is enlarged on bail, he will not misuse the liberty of bail.
Whereas learned AGA has opposed the prayer for bail.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record and considering the complicity of the accused applicant in the present case, without expressing any opinion on merits of the case, prima facie it is a fit case for grant of bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant Tahseen Raza involved in Case Crime No. 936 of 2017, under Section 420 IPC, Police Station - Civil Lines, District - Moradabad, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant shall co-operate in the investigation.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall not pressurize the prosecution witnesses.
4. The applicant shall appear on the date fixed by the trial Court.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.11.2017 Ranjeet Sahu