High Court

Applicant :- Ram Surat Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Shrikant Mishra Counsel for Opposite Party :- G.A.,Jitendra Bahadur,Shobh Nath Yadav Hon'ble Shree Prakash Singh,J. Rejoinder affidavit filed today by the counsel for the applicant is taken on record. On 06.02.2025, the following order was passed: "List/put up this matter on 12.02.2025. On the next date, the applicant- Ram Surat Singh and the investigating officer concerned shall remain present before this Court. On that date, this Court will ascertain whether the applicant is cooperating in the investigating proceedings or not. Interim order, if any, is extended till the next date of listing." In compliance of the order aforesaid, the applicant Ram Surat Singh and the investigating officer, Pankaj Kumar are present before this Court. On query being asked, the investigating officer stated that the applicant is cooperating in the investigation proceedings and the charge-sheet is about to prepare. Personal appearance of the applicant- Ram Surat Singh and the investigating officer present is hereby exempted. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 551 of 2023, under Sections 419,420,467,468,471 I.P.C., P.S.- Kadipur, District- Sultanpur. From perusal of the order sheet, it appears that on 13.11.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Sri Jitendra Bahadur, advocate, has put in appearance by way of filing vakalatnama on behalf of the complainant and the same is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State, Sri Jitendra Bahadur, counsel for the complainant and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 0551 of 2023, under sections 419, 420, 467, 468 and 471 of IPC P.S.- Kadipur District -Sultanpur. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant and the complainant are the real brothers and on 12.01.1996 , an agreement was entered between them and as a result, the house in question was recorded in the name of the present applicant. He added that in the subsequent year 2023, the dispute is raised by the complainant while stating that the agreement dated 12.01.1996 is a forged one and therefore, he also lodged an FIR and the matter is proceedings against the applicant. He submits that dispute with respect to one house in question is pending before the competent authority of the Nagar Panchayat concerned and the dispute is civil in nature and the instant first information report has been lodged only with a view to mount pressure over the applicant. He also added that the applicant is a law- abiding citizen and he undertakes that he will always remain present before the investigating officer and would cooperate with the investigation proceedings and would never abscond from the same. He also submits that there is apprehension that the applicant will be arrested by the police thus, submission is that the the applicant may be granted anticipatory bail. On the other hand, learned counsel for the complainant as well as the State has vehemently opposed the submissions aforesaid and submits that there is specific allegation that forgery has been committed by the applicant as a forged agreement was prepared on 12.01.1996 and on the basis of the same, the house in question was got mutated in favour of the applicant. They submits that the applicant was residing at native place and the complainant was residing outside the Lucknow. They submit that there is substantial evidence against the applicant and as such, he is not entitled to be released on anticipatory bail. Having heard the learned counsels for the parties and after perusal of material placed on records, it prima facie transpires that an agreement which was executed on 12.01.1996 is claimed to be forged, after the period of 27 years; there seems to be no possibility that the applicant will flee away from the investigation proceedings; prima facie, it seems that the nature of dispute is civil and the applicant has no previous criminal history. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Ram Surat Singh shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Let notice be issued to opposite party no. 4, returnable at an early date. Steps be taken within a week. If steps are taken, office shall proceed accordingly. List/put up this matter in the week commencing 16.12.2024. In the meantime, the opposite parties may file their counter affidavits." State counsel has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceedings or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Ram Surat Singh till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this order. Order Date :- 12.2.2025 Shravan

Applicant :- Ram Surat Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Shrikant Mishra Counsel for Opposite Party :- G.A.,Jitendra Bahadur,Shobh Nath Yadav Hon'ble Shree Prakash Singh,J. Rejoinder affidavit filed today by the counsel for the applicant is taken on record. On 06.02.2025, the following order was passed: "List/put up this matter on 12.02.2025. On the next date, the applicant- Ram Surat Singh and the investigating officer concerned shall remain present before this Court. On that date, this Court will ascertain whether the applicant is cooperating in the investigating proceedings or not. Interim order, if any, is extended till the next date of listing." In compliance of the order aforesaid, the applicant Ram Surat Singh and the investigating officer, Pankaj Kumar are present before this Court. On query being asked, the investigating officer stated that the applicant is cooperating in the investigation proceedings and the charge-sheet is about to prepare. Personal appearance of the applicant- Ram Surat Singh and the investigating officer present is hereby exempted. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 551 of 2023, under Sections 419,420,467,468,471 I.P.C., P.S.- Kadipur, District- Sultanpur. From perusal of the order sheet, it appears that on 13.11.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Sri Jitendra Bahadur, advocate, has put in appearance by way of filing vakalatnama on behalf of the complainant and the same is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State, Sri Jitendra Bahadur, counsel for the complainant and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 0551 of 2023, under sections 419, 420, 467, 468 and 471 of IPC P.S.- Kadipur District -Sultanpur. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant and the complainant are the real brothers and on 12.01.1996 , an agreement was entered between them and as a result, the house in question was recorded in the name of the present applicant. He added that in the subsequent year 2023, the dispute is raised by the complainant while stating that the agreement dated 12.01.1996 is a forged one and therefore, he also lodged an FIR and the matter is proceedings against the applicant. He submits that dispute with respect to one house in question is pending before the competent authority of the Nagar Panchayat concerned and the dispute is civil in nature and the instant first information report has been lodged only with a view to mount pressure over the applicant. He also added that the applicant is a law- abiding citizen and he undertakes that he will always remain present before the investigating officer and would cooperate with the investigation proceedings and would never abscond from the same. He also submits that there is apprehension that the applicant will be arrested by the police thus, submission is that the the applicant may be granted anticipatory bail. On the other hand, learned counsel for the complainant as well as the State has vehemently opposed the submissions aforesaid and submits that there is specific allegation that forgery has been committed by the applicant as a forged agreement was prepared on 12.01.1996 and on the basis of the same, the house in question was got mutated in favour of the applicant. They submits that the applicant was residing at native place and the complainant was residing outside the Lucknow. They submit that there is substantial evidence against the applicant and as such, he is not entitled to be released on anticipatory bail. Having heard the learned counsels for the parties and after perusal of material placed on records, it prima facie transpires that an agreement which was executed on 12.01.1996 is claimed to be forged, after the period of 27 years; there seems to be no possibility that the applicant will flee away from the investigation proceedings; prima facie, it seems that the nature of dispute is civil and the applicant has no previous criminal history. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Ram Surat Singh shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Let notice be issued to opposite party no. 4, returnable at an early date. Steps be taken within a week. If steps are taken, office shall proceed accordingly. List/put up this matter in the week commencing 16.12.2024. In the meantime, the opposite parties may file their counter affidavits." State counsel has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceedings or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Ram Surat Singh till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this order. Order Date :- 12.2.2025 Shravan