Saturday, April 20, 2024

Allahabad High allows bail application of person accused of cheating and forged documents

The Allahabad High Court has allowed the bail application of the person accused of cheating and forged documents.

A Single Bench of Justice Sadhna Rani Thakur passed this order while hearing a Criminal Misc Bail Application filed by Shiv Ratan Agrawal.

The accused-applicant is involved in Case under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C, Police Station-Colonelganj, DistrictPrayagraj.

It is argued by the counsel for the applicant that first informant and accused-applicant Shiv Ratan Agarwal are the real brothers and now the family settlement has taken place and being the real brothers, now the first informant does not want any action against the applicant and wants his brother to get released from custody.

Signatures of the first informant and applicant Shiv Ratan Agarwal along with other family members are on the settlement. As the dispute was regarding some fake documents prepared by the applicant in his favour, now parties have arrived at a compromise and the compromise is appended with the paper book. The applicant has been languishing in jail since 28.05.2023. Hence prayer of bail is made.

Akarsh Dwivedi, counsel for the first informant and first informant Ram Ratan Agarwal himself are present in the Court, Ram Ratan Agarwal reiterated the version that as the first informant and the applicant Shiv Ratan Agarwal are the real brothers and now property dispute between them has came to an end with the partition deed executed between them appended at page 20 of the paper book which bears the signature of both the first informant and Shiv Ratan Agarwal, hence prayer for bail is made by the first informant also.

“From the perusal of the record, it is found that parties have entered into a compromise. First informant and the applicant are the real brothers. There was a dispute regarding preparation of forged documents in favour of the applicant. Now their property dispute is said to have ended with the execution of the family settlement appended at page 20 of the paper book. This document bears the signatures of the first informant and the applicant and other family members. The offence is triable by the Magistrate. The applicant has been languishing in jail since 28.05.2023.

Perusing the record, considering the facts and circumstances of the case, the nature of allegations, arguments advanced by the counsel for the parties, without expressing any opinion on the merit of the case, I find it to be a case of bail”, the Court observed while allowing the bail application.

The Court ordered that,

Let the applicant-Shiv Ratan Agrawal who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

  1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the dates fixed after release.
  2. He will not tamper with the witnesses.
  3. He will not indulge in any illegal activities during the bail period.

The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the trial court shall be at liberty to cancel the bail and send the applicant to prison.


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