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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 10207 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The accused applicant is involved in Case Crime No.514 of 2023 under Sections 420, 467, 468, 427, 120-B I.P.C., Police Station Hafizganj, District Bareilly. 3. That the prosecution story in brief is that Gata No. 249, 250 the applicant Data Ram son of Heera Lal is the recorded tenure holder. Heera Lal in the year 2004 had sold 300 square yard of Gata No. 249, 250 through registered sale deed to Chhatrapal, who in turn sold 204 square years to Shree Ram in the year 2007, thereafter Shree to Sukhpal and Sudhir on 25.09.2013 but mutation could not take place and taking undue advantage of the same, the applicant has executed sale deed. 4. Learned counsel for the applicant submitted that perusal of the F.I.R. would go to show that Heera Lal, the father of the applicant had sold the land in question to Chatrapal and thereafter the land was sold to different persons but their mutation could not take place. Learned counsel further argued that since the name of the applicant was recorded over the gata in question and therefore the applicant had executed the gift deed 07.10.2022 in favour of his wife (in the F.I.R. it has been alleged sale deed) and therefore no forgery or cheating has been committed by the applicant. Learned counsel further argued that suit for permanent injunction is also pending between the parties therefore initiation of criminal prosecution is bad in law. It is thus contended that civil dispute has been dragged into criminal prosecution of the applicant. Learned counsel further argued 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 Versus Counsel for Applicant(s) : Ashfaq Ahmed Ansari Counsel for Opposite Party(s) : G.A. Dataram .....Applicant(s) State of U.P. .....Opposite Party(s)
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
11.01.2025. 5. Learned AGA has vehemently opposed the bail application but could not dispute the arguments advanced by learned Counsel for the applicants. 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 Dataram 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. 8. 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. 10207 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad