Makhan Singh 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. 281 of 2023, registered at police station Kotwali Dehradun, District Dehradun.

The applicant – Makhan Singh 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 the applicant and co-accused had prepared false sale deeds/ title deeds and submitted same to the Sub-Registrar Office, Dehradun. An allegation has been leveled against the present applicant that the applicant and co-accused had prepared false sale deeds of the land of Indrawati and Swaroop Kumari and on the basis of the said documents, applications were filed before the competent Authority to transfer the said land to their names.

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, aged about 70 years, has been falsely implicated in the present matter only on the statement of the co-accused. He (applicant) has not filed any application before any authority to transfer the said land in his name. Seven co-accused have been granted bail by this Court. Applicant is a permanent resident of District Pilibhit, Uttar Pradesh. He is not a previous convict. He is in custody since 01.08.2023, and, 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 – Makhan Singh 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.