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2025 DAILYLAW 24991 (ALL)

MOHD. ISMAIL v. STATE OF U.P.

BAIL/7948/2025 · 2025-09-10

Gautam Chowdhary

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 7948 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard Ms. Anjali Singh, learned counsel for the applicant, Sri Chandan Singh the learned A.G.A. for the State and perused the entire material available on record. 2. The applicant-Mohd. Ismail has filed the instant bail application with a prayer to enlarge him on bail in Crime No.653 of 2024, under Sections 318(4), 338, 336(3), 61(2), 340(2), 351(2) B.N.S., Police Station Dibai, District Bulandshahr, during the pendency of the trial. 3. The prosecution story in brief is that the informant is the owner of Khata No.42 gata no. 727 area 0.413 situated at Village Rasoolpur alias Narayanpur, Pargana and Tehsil Dibai, District Bulandshahr, the said property was vested pursuant to order dated 15.03.2000 passed by Consolidation Officer, Bulanshahar and his name has also been recorded in Khatauni Year 1426-1431. It is also averred that Badiuzzama has no share inspite of the same, he along with other in order to grab the property in question, a forged sale deed has been executed showing 1/2 share over it. 4. Learned counsel for the applicant has submitted that the applicant's father namely, Badiuzzam was recorded in the revenue record in 1374- 1376 Fasli. Learned counsel further submits submits that the applicant is the son of Badiuzzam has executed the sale deed being the bhumidhar/tenure holder since the time of his ancestors. She thus submits that no forgery or cheating has been committed by the applicant. Learned counsel further submits that civil dispute has been dragged into criminal prosecution of the applicant and thus the applicant has been falsely implicated in the present case. 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 Versus Counsel for Applicant(s) : Anjali Singh Counsel for Opposite Party(s) : G.A. Mohd. Ismail .....Applicant(s) State of U.P. .....Opposite Party(s) 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 applicant is languishing in jail since 15.12.2024. It is thus contended that the applicant is entitled for bail. 5. On the other hand, learned A.G.A. for the State has opposed the bail. 6. It has been averred in paragraph no.14 the affidavit accompanying the bail application that the informant in the year 2002 has illegally recorded his name in the revenue record but he did not take the possession till 2023 and when the informant tried to take the forcibly possession only then the applicant came to know about the possession order passed in favour of the informant in the year 2000 against which order, revision is also pending consideration before the Deputy Director of Consolidation, Bulandshahr. This Court take note of the fact during the pendency of case before the prescribed authority, the applicant has executed the sale deed dated 28.08.2024 of which the applicant has no legal right and tittle till the final decision passed by concerned D.D.C., therefore learned counsel for the applicant could not make any good ground for grant of bail. 7. 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, I do not find any good reason to exercise my discretion in favour of the accused-applicant. 8. Accordingly, the bail application stands rejected. September 11, 2025 S.Ali BAIL No. 7948 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad