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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 8564 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the applicant, Sri Pramod Kumar Singh, learned counsel for the informant, learned A.G.A. for the State and perused the record. 2. The accused applicant is involved in Case Crime No.481 of 2024 under Sections 415, 416, 420, 467, 468, 471, 120-B of I.P.C., Police Station Jait, District Mathura. 3. Learned counsel for the applicant submits that the allegation against the applicant is that he got executed a unregistered Will-Deed dated 05.03.2014 in his favour by the mother of the informant with respect to the agricultural land. Learned counsel further argued that the incident is alleged to have taken place in the year 2014 whereas the F.I.R. has been lodged on 04.11.2024 and that there is no plausible explanation of such an inordinate delay. Learned counsel further argued neither the applicant tried to mutate his name nor he has not taken any benefit from the such alleged unregistered Will-Deed. Learned counsel further argued that the name of the informant and his brother has been recorded in the revenue record and therefore no offence has been committed by the applicant. It is thus contended that the applicant has been falsely implicated in the present case due to ulterior motive. 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 applicant is languishing in jail since
01.12.2024. Versus Counsel for Applicant(s) : Bhanu Pratap Singh, Haridwar Singh, Prabhat Kumar Srivastava Counsel for Opposite Party(s) : G.A., Pramod Kumar Singh, Tripathi B.G. Bhai Ishwar Chand .....Applicant(s) State of U.P. .....Opposite Party(s)
4. Learned AGA as well as learned counsel for the informant have vehemently opposed the bail application.
Learned counsel for the informant further argued that when the applicant started plotting of the land in question, which is about 12 acres as such he was intimated by his care taker. He further submits that the applicant filed a mutation application which was rejected, thereafter he filed a probate case which too has been rejected. It is thus contended that the applicant is not entitled for bail. 5. 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. 6. Let the applicant Ishwar Chand be released on bail in the aforementioned case crime number on executing a personal bond and furnishing two 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. v) The applicant shall not commit an 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. 7. In case of default of any of the conditions enumerated above, the informant would be free to move an application for cancellation of bail before this Court. September 11, 2025 S.Ali BAIL No. 8564 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad