Ajay Chetri vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with the First Information Report No.107 of 2023, registered at police station Kotwali Dehradun, District Dehradun.

The applicant-Ajay Chetri is in judicial custody for the offence under Sections 420, 467, 471, 120B and Section 468 of the Indian Penal Code, 1860.

As per the case of the prosecution, the present applicant along with co-accused entered into a criminal conspiracy to prepare false sale deeds/title deeds. The forged sale deeds/title deeds have been replaced with the original sale deeds/title deeds, kept in the office of the Sub-Registrar, Dehradun. Mutation proceedings have also been initiated on the basis of the said false sale deeds/title deeds. During the investigation, involvement of the present applicant and co-accused was found in the present matter.

Heard Mr. Naveen Singh Bisht with Mr. Bharat Choudhary, learned counsel for applicant and Mr. Pratiroop Pandey, learned A.G.A. assisted by Mr. Rakesh Negi, learned Brief Holder for State.

Mr. Naveen Singh Bisht, Advocate, contended that the applicant has been implicated in the present matter. He was not named in the First Information Report. He was doing binding work as daily wager in the office of Sub-Registrar, Dehradun and he had no occasion to replace the sale deeds/title deeds by keeping forged sale deeds/title deeds in the record of Sub-Registrar, Dehradun. The alleged forged sale deeds/title deeds have not yet been declared forged by any competent Court. One co-accused, namely, Sukhdev has been granted bail by the Additional Sessions Judge, Dehradun and two co-accused have been granted bail by this Court. Applicant is not a previous convict. He is a permanent resident of District, Dehradun, therefore, there is no possibility of his absconding. The present matter rests on the documentary evidence and all the relevant documents have been filed by the Investigating Officer along with the relevant documents.

Mr. Pratiroop Pandey, A.G.A., appearing for the State has opposed the bail application orally.

Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused person in detention during the trial is not punishment. The main purpose is manifestly to secure the attendance of the accused.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant- Ajay Chetri be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned with the following conditions:-

i) Applicant shall attend the Trial Court regularly and he will not seek any unnecessary adjournment;

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the court for cancellation of bail.