Ajay Kumar Pandey And 2 Others v. State Of U.P. Through Secretary Home At Lucknow

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3574 of 2022

Applicant :- Ajay Kumar Pandey And 2 Others

Opposite Party :- State Of U.P. Through Secretary Home At Lucknow

Counsel for Applicant :- Vikash Chandra Tiwari

Counsel for Opposite Party :- G.A.,Anurag Vajpeyi,Praveen Kumar Singh

Hon'ble J.J. Munir,J.

This is an application for bail on behalf of the applicants, in connection with Case Crime No. 399 of 2021, under Sections

419, 420, 467, 468, 406, 504, 506, 471, 120B IPC, P.S.

Rohaniya, District Varanasi.

Heard Mr. Vikash Chandra Tiwari, learned Counsel for the applicant, Mr. S.S. Tiwari, learned A.G.A. on behalf of the State and Mr. Praveen Kumar Singh, learned Counsel for the complainant.

It is submitted by Mr. Vikash Chandra Tiwari that a registered agreement to sell dated 19.11.2009 was executed by the applicant relating to ten biswa land in favour of Sarvesh Kumar Mishra and Hriday Narayan Pandey. It is pointed out that subsequent to this registered agreement to sell, for whatever reason, a sale deed dated 28.03.2018 has been executed in favour of Bishandas Khanna and Umang Khanna. The present F.I.R. has been lodged by Bishan Das Khanna, with allegations that concealing the agreement to sell, the applicant executed a sale deed in favour of the informant. It is submitted by learned Counsel for the applicant that the agreement to sell does not create any right, title or interest in the property by itself in favour of price contractee and for very many reasons, an agreement may not lead to execution of a sale deed. Even if the Neutral Citation No. - 2022:AHC:12681

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sale deed does not contain a recital about the previous consideration, it cannot be said that it is a case of cheating or preparation of false document. The dispute, if any, that has arisen between parties is essentially civil in nature, which has been given a criminal complexion, abusing the process of criminal law, which the Police have liberally allowed to be abused. There is civil litigation between between parties, being Civil Suit No. 1410 of 2020, Dharmendra Kumar Pandey v. Bishandas Khanna, that is engaging the attention of the Civil Judge (Junior Division), Varanasi. It is submitted that the applicant is a respectable man and is in jail since 21.10.2021. Learned A.G.A. has opposed the prayer for bail. Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the dispute is essentially civil in nature, the fact that the property conveyed through sale deed belongs to the applicant, the fact that mere existence of earlier registered agreement will not make the sale deed a false document, and the fact that the applicant is in jail since 21.10.2021, this Court is of opinion that the applicant is entitled to bail. The bail application, accordingly, stands allowed. Let the applicants - Ajay Kumar Pandey, Sanjay Kumar Pandey and Dharmendra Pandey alias Dharmu Pandey

involved in Case Crime No. 399 of 2021, under Sections 419, 420, 467, 468, 406, 504, 506, 471, 120B IPC, P.S. Rohaniya, District Varanasi be released on bail on executing their personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :

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(i) The applicants shall not tamper with the prosecution evidence.

(ii) The applicants shall not threaten or harass the prosecution witnesses.

(iii) The applicants shall appear on the date fixed by the trial court.

(iv) The applicants shall not commit an offence similar to the offence of which they are accused or suspected of the commission.

(v) The applicants 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.

In case of default of any of the condition(s) enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.

It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will, in no way, be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.

Order Date :- 9.2.2022

I. Batabyal

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