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2025 DAILYLAW 5084 (ALL)

FARMAN v. STATE OF U.P.

BAIL/600/2025 · 2025-01-23

Sameer Jain

body2025

Judgment text

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Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 600 of 2025 Applicant :- Farman Opposite Party :- State of U.P. Counsel for Applicant :- Pavan Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Pavan Kumar, learned counsel for the applicant and Sri S.B. Maurya, learned A.G.A. for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 224 of 2024, under Sections 420, 467, 468, 471, 120B and 419 IPC, Police Station Najibabad, District Bijnor,, during pendency of the trial in the court below. 3. FIR of the present case was lodged against three named accused (non-applicant) and one unknown lady and according to the FIR nominated accused persons along with their unknown lady associate by playing fraud executed fake sale-deed of the property of the informant. 4. Learned counsel for the applicant submits that applicant was not named in the first information report and during investigation he has been made accused in the present matter with the allegation that on the alleged fake sale-deed there is signature of the applicant but except the bald and verbal allegation, there is no cogent evidence in this regard on record. 5. He further submits that during investigation even signature of the applicant has not been matched by any handwriting expert. 6. He further submits that however apart from the present case applicant has criminal history of two other cases but both the cases relate to minor offences. 7. He further submits that co-accused Kamal Singh has already been released on bail by this court and his bail order is Annexed at page 70 of the paper book. 8. He further submitted that all the alleged offences are triable by Magistrate-I Class and applicant is in jail in the present matter since 28.10.2024. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation applicant along with others prepared forged sale- deed of the property of informant and on the fake sale deed there was forged signature of the applicant but it appears that except the bald and verbal allegation there is no cogent evidence on record which can suggest that on the fake sale-deed there is signature of the applicant. 12. Further, however apart from the present case applicant is having criminal history of two other cases but his criminal history has been explained in the affidavit filed in support of the instant bail application and both the cases relate to minor offences. 13. Further, co-accused Kamal Singh has already been released on bail and all the alleged offences are triable by Magistrate and applicant is in jail since 28.10.2024. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. . 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Farman 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. Order Date :- 23.1.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad