Ajay Chettri vs State Of Uttarakhand

Alok Kumar Verma, J

This Application under Section 439 of the Code of Criminal Procedure, 1973 has been filed for regular bail in connection with the Case Crime No.281 of 2023, registered at police station Kotwali Dehradun, District Dehradun.

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

As per the prosecution’s case, the applicant entered into a criminal conspiracy with the co-accused to prepare false sale deeds/title deeds and to submit the same to the Sub-Registrar office, Dehradun. The forged sale deeds/title deeds were replaced with the original sale deeds. Mutation proceedings were initiated on the basis of the false sale deeds/title deeds, after which, the properties were further sold on the basis of the forged sale deeds/title deeds.

Heard Mr. Naveen Singh Bisht, 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 was not named in the First Information Report. He has been falsely implicated in this matter. He was doing binding work as daily wager in the office of Sub-Registrar, Dehradun and there was no occasion to him to replace the sale deeds/title deeds by keeping forged sale deeds/title deeds in the record of the Sub-Registrar office, Dehradun. The alleged forged sale deeds/title deeds have not yet been declared forged by any competent Court. Five co-accused persons of the similar role have been granted bail by this Court. Applicant is a permanent resident of District, Dehradun, who is not a previous convict, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

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

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 Chettri 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.