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2025 DAILYLAW 107993 (ALL)

SHAH MOHAMMAD v. STATE OF U.P.

BAIL/43419/2024 · 2025-04-29

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68012 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43419 of 2024 Applicant :- Shah Mohammad Opposite Party :- State of U.P. Counsel for Applicant :- Ramdeo Mani Tripathi,Shailendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, Shri Jai Kishan Chaurasiya, learned A.G.A. for the State and perused the record. 2. By means of the instant bail application, the applicant, Shah Mohammad, seeks bail in Case Crime No. 273 of 2023, under Sections 419, 420, 467, 468, 506 I.P.C., Police Station Manhdawal, District Sant Kabir Nagar. 3. The F.I.R. was lodged against two named accused and one unknown person. The allegation made in the F.I.R. is that after the death of father of the informant, all the accused persons by impersonating one person as the owner of the land had executed an agreement to sale in favour of the accused-Jannatunnisha and usurp the money to the tune of twenty lakh rupees from Jannatunnisha. 4. Learned counsel for the applicant submits that applicant is not named in the F.I.R. His name came into light during the course of investigation. False allegations have been made against the applicant that by impersonation one person the applicant and other accused got executed the sale deed. The Block Development Officer, Nautanwa, District Maharajganj verified the death certificate of Matelu, the executant of the alleged sale deed. Gram Pradan of the village also certified that the said Matelu was not used to reside in the village. The applicant has not executed the alleged sale deed and the allegations levelled against him are false and baseless. The informant has already filed a civil suit for cancellation of alleged sale deed. There is no direct or indirect evidence against the applicant in commission of crime. The applicant is languishing in jail since 26.08.2024, with no criminal history. 5. Learned A.G.A. for the State has vehemently opposed the bail prayer by contending that during the course of investigation it came into light that father of informant was died on 15.04.2020 whereas the alleged sale deed was got executed on 14.10.2022. The applicant and other accused, by impersonating one person as the owner of the land got executed the sale deed in favour of the co-accused, Jannatunnisha. Thus, there is active participation of applicant in the commissioning of crime. 6. Keeping in view submissions of learned counsel for the parties, gravity of offence, nature of allegations and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, no case for bail is made out. 7. Accordingly, the bail application of applicant-Shah Mohammad, is rejected. Order Date :- 30.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad