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Allahabad High Court

DEVENDRA ALIAS DEVAversusState of UP

Decided

Holding

The Court held that the applicant had made out a case for bail and granted it subject to conditions.

Summary

The High Court considered a bail application filed by Devendra Alias Deva, who was in custody since 27‑12‑2023 for alleged offences under Sections 420, 467, 468, 471 and 120B IPC relating to the purported sale of a property in which he had no title. The applicant claimed he was falsely implicated and that the dispute was essentially civil, contending that any challenge to the sale deed could be pursued in a civil suit. The State opposed bail, arguing that the accused had sold the property without ownership and had obtained a loan against it, constituting forgery. The Court observed that the allegation was of a civil nature and that the applicant’s criminal history was minimal, and it could be secured with conditions. Consequently, the Court allowed the bail application, directing the applicant to furnish a personal bond with two sureties and imposing standard bail conditions.

Issues considered

  • The appropriateness of granting bail to an accused charged with offences under Sections 420, 467, 468, 471 and 120B IPC where the alleged conduct is characterized as a civil dispute.
  • Whether the nature of the alleged offence (civil property sale without title) creates a risk of flight or tampering with evidence justifying denial of bail.
  • Whether the applicant’s past criminal record and the length of custody warrant bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • forgery
  • property dispute
  • IPC
  • civil vs criminal
  • court conditions

Judgment

                HIGH COURT OF JUDICATURE AT ALLAHABAD

          CRIMINAL MISC. BAIL APPLICATION No. - 14827 of 2024

Devendra Alias Deva
                                                                  .....Applicant(s)
                                      Versus
State of U.P.
                                                             .....Opposite Party(s)

Counsel for Applicant(s)          :   Ashutosh Dwivedi, Chandra Prakash Pandey,
                                      R.B.Pal, Umesh Kumar Pal
Counsel for Opposite Party(s)     :   G.A., Raghubir Singh

Court No. - 19
                           HON'BLE HARVIR SINGH, J.

1. Heard learned counsel for the accused-applicant as well as learned A.G.A.
for the State and perused the material available on record.

2. The present bail application has been moved by the accused-aplicant
Devendra Alias Deva for grant of bail in Case Crime No. 160 of 2023,
under Sections 420, 467, 468, 471, 120B IPC, Police Station Mahawan,
District Mathura, during the pendency of trial.

3. Learned counsel for the accused-applicant, while pressing the bail
application, submits that the applicant has been falsely implicated in the
present case and he has not committed any offence as claimed by the
prosecution.

4. It is further submitted that the allegation is that the accused- applicant in
connivance with co-accused Bhagwan Singh, has sold a property, which was
neither in his name nor he was having any title or ownership over the said
property. The said statement is false. However, the said issue is a subject
matter of civil litigation, where either of the parties can challenge the said
sale deed, if executed by any fraudulent means. Learned counsel for the
applicant prays that the applicant is entitled to be enlarged on bail.

5. It is next submitted, that applicant is in jail in this case since 27.12.2023,
criminal history of one case has been explained and there is no apprehension
that after being released on bail the applicant may flee from the course of
law or may otherwise misuse the liberty.

6. Learned A.G.A., on the other hand, opposes the prayer of bail of the
applicant on the ground that the accused-applicant has sold a property, which
was neither in his name nor he had any title or ownership over the said
property and he has also sought loan on the said property, therefore,
                                                                                                    BAIL No. 14827 of 2024
                                                                       2

                                    committing the forgery, the accused-applicant is not entitled to be released
                                    on bail.

                                    7. Having heard learned counsel for the parties and having perused the
                                    record, it is evident that the allegation against the accused-applicant is that,
                                    he, in connivance with co-accused Bhagwan Singh, has sold a property
                                    without having any title or ownership over the said property. The issue in
                                    question is purely in civil nature and the parties are at liberty to challenge the
                                    said sale deed, if they are of the opinion that it was executed by any false
                                    and fraudulent means. Applicant is in jail in this case since 27.12.2023 and
                                    criminal history of one case has sufficiently been explained. The presence of
                                    the applicant could be secured before the trial court by placing adequate
                                    conditions.

                                    8. Having considered the submissions of the learned counsel for the parties
                                    and without expressing any opinion on the merits of the case, I am of the
                                    considered view that applicant has made out a case for bail. The bail
                                    application is thus allowed.

                                    9. Let the accused/applicant- Devendra Alias Deva involved in above-
                                    mentioned case, be released on bail on his furnishing a personal bond with
                                    two sureties in the like amount to the satisfaction of the court concerned
                                    subject to following conditions:-

                                         (i) The applicant shall not tamper with the prosecution evidence by
                                         intimidating/pressurizing the witnesses, during the investigation and trial.

                                         (ii) The applicant shall cooperate in the trial sincerely without seeking any
                                         adjournment.

                                         (iii) The applicant shall not indulge in any criminal activity or
                                         commission of any crime after being released on bail.


                                    10. In case of breach of any of the above conditions, it shall be a ground for
                                    cancellation of bail.

                                    11. Identity, status and residence proof of the applicant and sureties be
                                    verified by the Court concerned before the bonds are accepted.

                                    12. Observations made herein-above by this court are only for the purpose of
                                    disposal of this bail application and shall not be construed as an expression
                                    of this Court on the merits of the case.
                                    February 23, 2026
                                    Gurpreet Singh
                                                                                                       (Harvir Singh,J.)




Digitally signed by :-
GURPREET SINGH
High Court of Judicature at Allahabad


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