Ajay Mohan Paliwal vs State Of Uttarakhand

Alok Kumar Verma, J

The present 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 Mohan Paliwal is in judicial custody under Sections 420, 467, 468, 471 and Section 120B of the Indian Penal Code, 1860.

The case of the prosecution is that false sale deeds/title deeds were prepared, replaced with the original sale deeds/title deeds, which were kept in the Sub-Registrar Office, Dehradun. During the investigation, the involvement of the present applicant was found in the present matter. Charge-sheet has been filed by Investigating Officer against the present applicant and other co-accused.

Heard Mr. Raj Kumar Singh, learned counsel for the applicant and Mr. Pratiroop Pandey, learned A.G.A. for the State.

Mr. Raj Kumar Singh, Advocate, contended that the applicant has been falsely implicated in the present matter only on the statements, recorded under Section 161 of the Code of Criminal Procedure, 1973. Applicant is a post-graduate in Forensic Sciences. He is a handwriting and figure print expert having an unblemished career with 35 years of experience in this field. He is not a previous convict. The alleged forged sale deeds/title deeds have not yet been declared forged by any competent Court. The present case rests on the documentary evidence and all the relevant documentary evidence have already been filed by the Investigating Officer along with the charge-sheet. Five co-accused of the similar role have already been granted bail by this Court. Applicant is a permanent resident of District Muzaffarnagar (Uttar Pradesh), therefore, there is no chance of his absconding, and, he is in custody since 06.10.2023.

On the other hand, Mr. Pratiroop Pandey, learned A.G.A., 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 Mohan Paliwal 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 on the following conditions:-

i) Applicant shall attend the Trial Court regularly and he shall 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.