Mohammad Akram v. State Of U.P. Thru. Prin. Secy. Home Lko

Heard learned counsel for the applicant, learned A.G.A. for the State 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. 281 of 2024, under sections- 406, 420 and 506 of IPC P.S.- Tarabganj District - Gonda. 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 a sale deed was got executed in favour of the applicant by the opposite party no. 2 and a cheque was also handed over to him which is mentioned in the sale deed, but subsequently, cash was paid to the opposite party no. 2 and the cheque has been returned back to the applicant. He submits that subsequently, a regular suit has been filed by the opposite party no. 2 for cancellation of the sale deed for non-payment of alleged sale consideration and that is still pending wherein, the applicant has appeared.

He next added that once no order is passed in the civil suit the present first information report has been lodged only with view to give colour of criminality to the present matter. He next added that the chargesheet has been filed and the present applicant has fully cooperated in the investigation proceedings and he undertakes that he will always remain present before the trial court as and when required. He further added that the applicant has no previous criminal history as is mentioned in paragraph 26 of the bail application and no custodial interrogation is required further thus, submission is that the applicant may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is involved in committed offence, as such, he is not entitled to be released on anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant-Mohammad Akram shall be released forthwith, in case of his arrest 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. 2, 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 third week of August, 2025. In the meantime, the State as well as opposite party no. 2 may file their counter affidavits. Order Date :- 25.6.2025 Mayank