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Judgment
Vivek Bharti Sharma, J
Applicant Mohammad Yusouf, who is in judicial custody in Case Crime/F.I.R. No. 33 of 2022, under Sections 420, 467, 468, 471 & 506 of I.P.C., Police Station Bazpur, District Udham Singh Nagar, has sought his release on bail.
Heard learned counsel for the parties and perused the record.
In the present case in which, the applicant is seeking bail is registered on the application of the complainant moved under Section 156(3) of the Code of Criminal Procedure (in short “Cr.P.C.”) with the allegations that the applicant along with other more than nine persons as plaintiff has filed a civil suit for permanent injunction, however, the signatures of remaining plaintiff on that plaint for permanent injunction were not of those nine persons. He would further submit that as per provisions contained under Section 195 read with Section 340 of Cr.P.C., that in any offence during the proceedings of the Court, it is only the court, which is the competent to file a complaint. He would further submit that the applicant is in judicial custody since 13.12.2022.
Per contra, learned State counsel Mr. Siddhartha Bisht and learned counsel for the complainant would admit at the Bar that this case pertains to the alleged forgery by the applicant of the signatures of the co-plaintiffs by the applicant-accused.
Having considered the entirety of the facts, without expressing any opinion on the final merits of the case, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.
Accordingly, the bail application is allowed.
Let the applicant- Mohammad Yusouf be released on bail, on his executing a personal bond of Rs.30,000/- and furnishing two reliable sureties of the like amount, to the satisfaction of the court concerned.