Surendra Kumar Agrahari @ ... vs State Of U.P.
2013 Latest Caselaw 6995 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- BAIL No. - 4387 of 2013
 

 
Applicant :- Surendra Kumar Agrahari @ Surendra Kumar Bharti
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Alok Kumar Tripathi,S S Lal Srivastava
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Mahendra Dayal,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The applicant  Surendra Kumar Agrahari @ Surendra Kumar Bharti has sought bail in Case Crime No. 1063 of 2012 under Sections 467, 468, 471, 419 & 420 I.P.C. relating to P.S. Amethi, District-Amethi.

Learned counsel for the applicant has submitted that as per the F.I.R. the occurrence allegedly took place on 27.01.2011 and the F.I.R. was lodged after about two years on 03.12.2012.  It is further submitted that the applicant is one of the co-purchaser of the disputed property and he has purchased the property from one Shailendra.  It is stated on behalf of the applicant that a civil suit of cancellation for deed is pending in the competent civil court. The dispute between the parties is of civil nature and only after the judgement of of civil suit, ownership of the property can be decided.

The prayer for bail has been opposed by learned counsel for the complainant and it has been submitted that soon after the occurrence, he had tried to lodge the F.I.R., but the police did not register his F.I.R. and as such he had no other alternative except to move an application before the Superintendent of Police, and it was only after the order passed by the Superintendent of Police that his report was registered by the police. However, it is not disputed that the civil suit is pending before the competent civil court. 

Having heard learned counsel for the parties and considering the various facts and circumstances of the case but without expressing any opinion on the merit of the case, let the accused-applicant (Surendra Kumar Agrahari @ Surendra Kumar Bharti) involved in Case Crime No.1063 of 2012 under Sections 467, 468, 471, 419 & 420 I.P.C. relating to P.S. Amethi, District-Amethi be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Order Date :- 18.11.2013

Anurag/-