Allahabad High Court
Sheel Kumar And Another vs State Of U.P. And Another on 10 May, 2024
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:84574
Court No. - 76
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2840 of 2024
Applicant :- Sheel Kumar And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Abhinav Dwivedi,Ram Badan Maurya,Shailendra Kumar Tripathi
Counsel for Opposite Party :- Ajay Kumar,G.A.
Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Kamal Krishna learned Senior Advocate assisted by Sri Ram Badan Maurya, learned counsel for the applicants, Sri Ajay Kumar, learned counsel for the informant and Sri R.P. Patel, learned AGA for the State as well as perused the record.
3. The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.625 of 2022, registered under Sections 420, 467, 468, 471, 120B, 506 I.P.C. at Police Station Chhibramau, District Kannauj with a prayer to enlarge them on anticipatory bail.
4. As per prosecution story, the informant is stated to have purchased the land in question on 28.12.1991 and subsequently, the applicant is stated to have forged certain documents and had got himself entered in Form 23 of the Revenue Department and subsequently has executed a gift deed in favour of his son Saurabh Hajela as such had committed forgery with the informant.
5. Learned Senior Counsel assisted by Sri R.B. Maurya has stated at bar that the applicants have nothing to do with the said offence. He is bona fide person. There is a civil suit pending between the parties as the Original Suit No.174 of 2022 was filed by brother of the informant Pratap Singh, which was filed on 19.08.2022. Learned counsel has stated that subsequent to it, the instant FIR has been instituted belatedly on 20.10.2022 as such it is a counter blast to the said original suit no.174 of 2022.
6. Learned Senior Counsel has further stated that the case of civil in nature has been converted into criminal one by the informant. Learned senior counsel has further stated that the criminal history of the applicants stands explained as the proceedings in Case Crime No.436 of 2023 under Sections 420, 467, 468, 471 IPC, P.S. Mau Darwaja, District Farrukhabad have been stayed by this Court in Criminal Misc. Writ Petition No.17202 of 2023 vide order dated 11.03.2024, till submission of report under Section 173(2) Cr.P.C.
7. The applicants have been falsely implicated in the case crime No.423 of 2022 and the applicant no.1 was exonerated by the Investigating Officer and applicant no.2 has been granted bail in the said Case Crime No.423 of 2022, under Sections 147, 148, 149, 307, 336, 352, 332, 353, 427, 504, 506 IPC and Section 7 of Criminal Law Amendment Act, Police Station Chhibramau, District Kannauj, by the court concerned vide order dated 08.08.2022. It is also argued by learned Senior Counsel that in Case Crime No.134 of 2010, under Section 323, 504, 324 IPC, P.S. Chhibramau, District Kannauj, the applicant no.1 was acquitted by the trial court vide judgment and order dated 06.10.2015, which has been annexed as Annexure SA3 to the supplementary affidavit dated 18.03.2024.
8. Learned Senior Counsel has further stated that the applicants have been falsely implicated in the Complaint Case No.1101 of 2018 under Section 420 IPC, P.S. Chhibramu, District Kannauj and they have no knowledge of any such case is pending against them. It is further argued by learned Senior Counsel that as far as this case is concerned, the applicant no.1 Sheel Kumar is not named in the said Case Crime No.1101 of 2018 and only applicant no.2 is named in it and he has not been summoned in the said case as well.
9. Per contra, learned counsel for the informant and learned AGA have opposed the said anticipatory bail application on the ground that the applicant had forged death certificate of the original title holder of the property who had died intestate. On the basis of the said forged death certificate which was procured in the year 2021 at Farrukhabad the FIR No.436 of 2023 was instituted against the applicant and even the Lekhpal concerned, who had given the fake report regarding the death. It is further argued that the criminal history of the applicants has not been properly explained as the orders of two case crime numbers have not been filed. In Case Crime No.1101 of 2018 the bail order has not been annexed. As far as Case Crime No.436 of 2023 is concerned the applicants were granted protection till submission of report under Section 173(2) Cr.P.C. only and subsequently the final report (charge sheet) has been submitted as such the said order is not applicable to the cases of the applicant. Under the circumstances, the criminal history has not been properly explained. The applicants are not entitled for anticipatory bail.
10. After hearing the parties and taking into consideration the rival submissions regarding FIR having been instituted against the applicants pertaining to the fake death certificate coupled by the fact that criminal history of the two cases have not been properly explained, I do not find it a fit case for anticipatory bail.
11. Accordingly, this anticipatory bail application is devoid of merits and is rejected.
Order Date :- 10.5.2024
Priya
(Krishan Pahal, J.)
