Santosh Kumar vs State Of U.P. Thru Prin. ...
2021 Latest Caselaw 8275 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 
Case :- BAIL No. - 7538 of 2021
 
Applicant :- Santosh Kumar
 
Opposite Party :- State Of U.P. Thru Prin. Secretary, Home, Lucknow
 
Counsel for Applicant :- Rajeev Narayan Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Lavania,J.

Heard.

This bail application has been moved by the accused/applicant- Santosh Kumar for grant of bail, in Case Crime No. 357 of 2019, under Sections 323, 504, 506, 419, 420, 467 and 468 I.P.C. Police Station-Cantt, District- Faizabad/Ayodhya, during trial.

Learned counsel for the accused-applicant while pressing the bail application submits that the informant Smt. Surendravati, lodged an FIR on 07.09.2019 alleging therein that the age of her son Shri Krishna is 16 years as per his date of birth i.e. 15.08.2003 and by playing fraud the applicant managed to obtain the agreement of sell dated 25.01.2019 with regard to Gata No.737 area 0.151 hectare and Gata No.965 area 0.336 hectare mil. 0.245 hectare situated at Village Paliya Sehbadi Guptarmishra Ka Purwa P.S. Cantt, District Faizabad in his favour from Shri Krishna in whose favour the will was executed by his grand father (father-in-law of informant). For the purpose of obtaining registered agreement to sell, the applicant prepared the forged mark-sheet and Adhaar Card. As per forged mark-sheet and Adhaar Card, the date of birth of son of the informant Shri Krishna is 01.04.1998.

Learned counsel for the applicant further submits that the entire FIR is based on date of birth, in fact the date of birth of son of the informant is 01.04.1998 instead of 15.08.2003, and in this regard firstly he relied upon the Scholar's Register & Transfer Certificate issued by Sai Savitri Memorial Inter College, Rasulpur Lilha, Faizabad, wherein the date of birth of Shri Krishna is recorded as 01.04.1998 and this document also contains the name of the informant (mother) as also of Karmchand, the father of Shri Krishna. He further relied upon the Scholar's Register & Transfer Certificate issued by Aadarsh Bal Siksha Niketan Palia Shahbadi, Faizabad, on the basis of the same he submitted that the informant for the purpose of initiating the proceedings against the applicant and others relies on this certificate, wherein the date of birth of Shri Krishna is 05.08.2003, which infact is not even as per the informant who says that the date of birth of Shri Krishna is 15.08.2003 as appears from the FIR and moreover this certificate does not refer the name of Karamchand as father of Shri Krishna, as such this certificate can not be considered in favour of informant. Further reliance has been placed on the judgment of this Court dated 06.02.2019, passed in Habeas Corpus No.1469 of 2019 (Sri Krishna @ Ankit Through Her Mother Smt. Surendrawati vs. State of U.P.Throu.Prin.Secy.Home Lucknow And Ors.) and on the basis of this judgment he submitted that this Court has also recorded the finding that date of birth of Shri Krishna is 01.04.1998 and Shri Krishna, produce before this Court, made specific statement before this Court that he is living in rented house at Lucknow on his own free will and considering the aforesaid the writ petition was dismissed as such the findings in judgment are binding on the informant and now she cannot be permitted to raise any claim on the alleged date of birth of the son i.e. 15.08.2003. He further submitted that neither the applicant has committed any forgery or fraud or manipulated the documents nor he influenced Shri Krishna, who is the son of informant, for executing the agreement to sell in his favour. In fact total amount in the agreement to sell with regard to the property-in-question is twenty lakhs and three lakhs in advance has been given to Shri Krishna son of the informant through RTGS on 24.01.2019.

On the basis of the aforesaid he submitted that no offence is committed by the applicant and considering the facts and circumstances of the case the applicant is entitled for bail.

Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the aforesaid facts on the basis of instruction received particularly the facts related to date of birth and other particulars mentioned in the Scholar's Register & Transfer Certificate issued by Sai Savitri Memorial Inter College, Rasulpur Lilha, Faizabad, and in the Scholar's Register & Transfer Certificate issued by Aadarsh Bal Siksha Niketan Palia Shahbadi, Faizabad as also the observation of this Court in the judgment dated 06.02.2019.

Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind particulars mention by Shri Krishna in the certificates referred hereinabove as also the observation of this Court in the judgment dated 06.02.2019, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

Let applicant-Santosh Kumar, be released on bail in Case Crime No. 357 of 2019, under Sections 323, 504, 506, 419, 420, 467 and 468 I.P.C. Police Station-Cantt, District- Faizabad/Ayodhya, on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.

This order shall not influence the trial Court for proceeding with the trial.

The application stands disposed of.

The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 20.7.2021

A.Dewal