Nawab Abbasi vs State of Uttarakhand

Sharad Kumar Sharma, J. (Oral)

The applicant is in jail having been implicated in Case Crime No.346 of 2018, which has been registered under Sections 420, 467, 468, 471, 323, 504

and 506 of IPC, at Police Station â€" Kotwali, Jwalapur, District- Haridwar and consequence of lodging of FIR dated 08.05.2018.

Applicant in paragraph three of bail application makes reference to the filing of WP No.346 of 2018 before this Court for quashing of FIR dated

08.05.2018 which is pending. But that itself not create any obstacle in considering the bail application. The allegation against the applicant is that he

along with other co-accused, in order to grab the house of complainant situated at Lodha Mandi, Kotwali Jwalapur, Haridwar had prepared a forged

gift deed in name of Mauseen and taken registration of the property in his name. The applicant further alleges the incident is of 05.05.2018 where the

accused alleged to have entered into a quarrel with the complainant, intimidated her to vacate the premises and gave a threat to kill her.

Applicant submits that FIR was lodged belatedly after three days. There are other factual aspects which have been pleaded in the bail application, but

Court is not recording any finding on the same, as it may affect trial and also not relevant consideration at the stage of bail.

It has been argument that allegation of preparation of forged I.D. i.e. Adhar and Pan Card is an impossible allegation. It is submitted in the absence of

any medical being conducted on person about the incident of quarrel on 05.05.2018 no sanctity could be attached to the allegations.

Considering the overall evidence, which is presently available before this Court and the fact that the applicant is in jail since 08.06.2018, prima facie,

the applicant has been able to make out a case for bail. The bail application is allowed accordingly.

Let the applicant be enlarged on bail in the aforesaid crime on his executing a personal bond and two reliable sureties each of the equal amount to the

satisfaction of the Magistrate/court concerned.

It is made clear that any observations made by this Court are only for the purposes of grant of bail. It shall not be taken into consideration at all in any

other proceedings.