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2025 DAILYLAW 111898 (ALL)

DHARMENDRA SINGH v. STATE OF U.P.

BAIL/46341/2024 · 2025-05-07

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74687 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46341 of 2024 Applicant :- Dharmendra Singh Opposite Party :- State of U.P. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard Shri Ashok Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State as well as Shri Prabhakar Pal, learned counsel for the informant and perused the material brought on record. 2. Learned counsel for the applicant submits that on 18.02.2009 the mother of the applicant had got executed a sale deed in favour of one Kishore Babu and Ram Babu, which was later found forged. Therefore, the name of mother of the applicant was remained in revenue records. Later on the mother of the applicant had died and after her death the land was transferred in favour of applicant and his brother (who is also an accused). Learned counsel further submits that as per the allegations made in the F.I.R., on 19.03.2024, the applicant and his brother had executed the sale deed of the said land to the informant and one Sharda Devi in lieu of thirty six lakh rupees, out of which six lakh fifty thousand rupees was credited by the informant into the account of applicant through RTGS and six lakh fifty thousand rupees was credited by Sharda Devi in the account account of brother of the applicant through RTGS and rest of the amount was paid to the accused in cash. Learned counsel further submits that the sale deed which was executed on 18.02.2009 was challenged before the competent court. The applicant has not committed any forgery and he is ready to pay six lakh fifty thousand rupees to the informant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 30.09.2024, with no criminal history. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. Learned counsel for the informant while opposing the bail application has submitted that after purchasing the land on 19.03.2024 the informant filed an application for mutation of her name but the same was rejected on the ground that earlier that land was purchased by some other person. There is no doubt that the amount of six lakh and fifty thousand rupees was given by the informant to the applicant through RTGS. 5. Learned counsel for the applicant has lastly submitted that the applicant is ready to return the said amount to the informant but he needs some time. Therefore, the applicant may be granted bail, at this stage. 6. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 7. Let the applicant-Dharmendra Singh, be enlarged on bail in Case Crime No. 240 of 2024, under Sections 420, 467, 468, 471, 120-B I.P.C., Police Station- Patiali, District- Kasganj, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) The applicant shall not tamper with the prosecution evidence. (ii) The applicant shall not threaten or harass the prosecution witnesses. (iii) The applicant shall appear on the date fixed by the trial court. (iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. (v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. (vi) The applicant will pay the entire admitted amount, i.e., six lakh and fifty thousand rupees, within a period of three months from the date of his release from jail in three monthly installments. The first installment would be of two lakh rupees, the second installment would of be of two lakh rupees and the third installment would of two lakh and fifty thousand rupees. 8. In case of default of any of the conditions enumerated above, the informant shall be at liberty to move appropriate application for cancellation of bail granted to the applicant. Order Date :- 8.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad