High CourtsSingle Bench(2023) 12 UK CK 0151

Bijendra Alias Bittu vs State Of Uttarakhand

Uttarakhand High Court · Decided on 22 December 2023

HON’BLE JUDGES
Ravindra Maithani, J
RESULT
Allowed
CASE NUMBER
First Bail Application No. 705 Of 2023

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Judgment

10 paragraphs · 314 words

Ravindra Maithani, J

1.

Applicant Bijendra Alias Bittu is in judicial custody in FIR No.512 of 2022, under Sections 420, 467, 468, 471 and 120-B IPC, Police Station Kotwali Roorkee, District- Haridwar. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, the informant is owner of certain properties, but on 03.04.2022, he came to know that it is the applicant, who forged certain documents and sold the property owned by the informant.

4.

Learned counsel for the applicant would submit that applicant did not sell any property; he did not execute any sale deed; he is neither vendor nor a witness in any of the sale deeds purportedly executed on behalf of the informant; PW1 has already been examined at the trial. He has also admitted these facts.

5.

Learned counsel for the informant would submit that earlier, the applicant had got an agreement of sale executed from some person impersonating himself as the informant, but he would submit that on the same date, such agreement had already been cancelled.

6.

The Court wanted to know as to whether any sale deed has ever been executed either by the applicant or in his favour, or as to whether the applicant is witness in any of such sale deed? Learned State Counsel would submit that applicant did not execute any sale deed. He did not purchase any property and he is not witness of any such sale deed.

7.

Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

8.

The bail application is allowed.

9.

Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.