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2025 DAILYLAW 111370 (ALL)

AJAY RAI v. STATE OF U.P.

BAIL/45768/2024 · 2025-01-08

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:3482 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45768 of 2024 Applicant :- Ajay Rai Opposite Party :- State of U.P. Counsel for Applicant :- Satish Solanki Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Satish Solanki, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 70 of 2024, under Sections 420, 467, 468, 471, 416, 419, 120B IPC, Police Station Barsana, District Mathura, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that as per allegation, applicant got executed the sale deed in his favour by using an imposter but he is a bonafide purchaser and he was not aware that the executor was not the informant. 4. He further submitted that applicant is having no criminal history and all the alleged offences are triable by Magistrate and he is in jail in the present matter since 13.11.2024. 5. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the arguments advanced by learned counsel for the applicant and the fact that prima facie, applicant appears to be a bonafide purchaser and all the alleged offences are triable by Magistrate and he is in jail in the present matter since 13.11.2024, in my view, applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant-Ajay Rai, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 10. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 8.1.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad