Mahesh Chandra Alias Chota 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 First Information Report No. 107 of 2023, registered at police station Kotwali Dehradun, District Dehradun.

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

The case of the prosecution is that the applicant along with the 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 Sub-Registrat, Dehradun. Mutation proceedings have also been initiated on the basis of the said false sale deeds/ title deeds.

Heard Mr. Dheeraj Joshi, learned counsel for the applicant and Mr. Rakesh Negi, learned Brief Holder for the State.

Mr. Dheeraj Joshi, Advocate, contended that the applicant has been falsely implicated in the present matter on the basis of the confessional statement. As per the prosecution, the applicant used to write sale deeds/ title deeds on the instruction of one co-accused namely, Kunwar Pal. The alleged false sale deeds/ title deeds were sent to the Forensic Science Laboratory. The report of the laboratory is non conclusive. The co-accused Kunwar Pal has died. The alleged forged sale deeds/ title deeds have not yet been declared forged by any competent Court. Applicant is a permanent resident of District Saharanpur, Uttar Pradesh, therefore, there is no chance of his absconding. He is not a previous convict. He is in custody since 04.10.2023. Five co-accused have already been granted bail by this Court, and, the charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

On the other hand, Mr. Rakesh Negi, learned Brief Holder 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 – Mahesh Chandra alias Chota 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.