Suresh Kumar vs State Of U.P Thru. Addl. Chief ...
2023 Latest Caselaw 3157 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2171 of 2022
 

 
Applicant :- Suresh Kumar
 
Opposite Party :- State Of U.P Thru. Addl. Chief Secy. Home And Others
 
Counsel for Applicant :- Krishna Madhav Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.0005/2022 under sections 419, 420, 467, 468, 471 I.P.C., P.S. Bijnor, district Lucknow.

Heard learned counsel for the applicant and learned A.G.A. for the State as also Mr. Mohd. Aslam Beg, learned counsel for respondent No.3, who has filed vakalatnama today in court, which is taken on record.

In the first information report, it is alleged that the informant is co-sharer of land at Gata No.2080 situated in village Kalli Paschim, Tehsil Sarojani Nagar, Lucknow. Ram Sufal son of Raghuraj has purchased the said land by impersonating some other woman in place of the informant and got executed a registered sale deed dated 13.10.2021 in the Registrar Office, Bijnor on the basis of forged documents. It is further alleged that Gauri Shanker and Suresh Kumar, present applicant are the witnesses to the said sale deed. It is further alleged that the informant has not sold any land to anyone and neither she identifies the seller or purchaser or witnesses of said sale deed.

Learned counsel for the applicant submits that the applicant only a witness to the execution of the sale agreement between the alleged seller and purchaser. He has not identified the seller or purchaser, therefore, he has nothing to do with the allegation of impostering the seller.

It is submitted on behalf of the applicant that he has been falsely implicated. He has no criminal antecedent. Learned counsel undertakes on behalf of the applicant that the applicant shall cooperate in the investigation/trial.

Learned A.G.A. and learned counsel for the complainant have opposed the prayer made by the applicant's counsel, however, they do not dispute the aforesaid fact.

Without expressing any opinion on the merits of the case and considering the nature of accusation and the undertaking given on behalf of the applicant that he shall cooperate in the investigation/trial , the applicant is a witness in the sale deed, and gravity of offence, I am of the opinion that the applicant is entitled to be released on bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the investigation/trial.

In view of the above as also keeping in view of the judgment in Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC OnLine 98, till the submission of police report, the accused applicant in the event of arrest shall be released on bail by the investigating officer on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the investigating officer subject to the conditions that the applicant shall cooperate in the investigation and he will not influence the witnesses. The accused-applicant will remain present as and when the arresting officer /I.O./ S.H.O. concerned call (s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.

In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.

The application is allowed accordingly.

Order Date :- 31.1.2023

kkb/