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Allahabad High Court

BHAGWAN SINGHversusSTATE OF U.P.

Decided

Holding

The court held that the applicant had made out a case for bail and therefore bail was granted subject to conditions.

Summary

The High Court considered a bail application filed by Bhagwan Singh, who is accused under IPC sections 420, 467, 468, 471 and 120B for allegedly selling a property fraudulently and obtaining a loan against it. The applicant claimed he was falsely implicated and that the dispute was essentially civil, asserting he has no prior flight risk and his criminal history is minimal. The State opposed bail, arguing the alleged fraud and forgery warranted continued detention. The court observed that the alleged offence, while serious, did not preclude bail and that the applicant could be secured by conditions and sureties. Without expressing a view on the merits, the court allowed the bail application subject to personal bond, two sureties and standard conditions. The order also directed verification of identity and warned that breach of conditions would lead to cancellation of bail.

Issues considered

  • Whether bail should be granted in a case involving alleged fraud and forgery under Sections 420, 467, 468, 471 and 120B IPC.
  • Whether the civil nature of the property dispute affects the grant of bail.
  • Whether the applicant poses a flight risk or a danger of tampering with evidence.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • fraud
  • forgery
  • property dispute
  • IPC sections 420 467 468 471 120B
  • flight risk
  • evidence tampering

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
     CRIMINAL MISC. BAIL APPLICATION No. - 14830 of 2024

Bhagwan Singh
                                                             .....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-applicant
Bhagwan Singh 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
has sold a property, which was neither in his name nor he was having any
title or ownership over the said property and he also sought some loan on
the said property. The said statement is false. It is also submitted that as
per prosecution, property belongs to informant, which is not true, as the
name of the applicant has been recorded in the revenue records since
long. He further submits that though, 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 and therefore, 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 two cases 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 by
fraudulent means and has also sought loan on the said property, therefore,
committing the forgery, the accused-applicant is not entitled to be
                                                                                             BAIL No. 14830 of 2024
                                                                    2

                                    released on bail. However, learned AGA could not controvert the other
                                    factual submissions made by learned counsel for the applicant.

                                    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 has sold a property, which belongs to informant, by fraudulent
                                    means. 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 two cases has sufficiently
                                    been explained. The presence of the applicant could be secured before the
                                    trial court by placing adequate conditions.

                                    8. Having regard to the overall facts and circumstances of the case and
                                    keeping in view the nature of the offence, evidence, complicity of the
                                    accused, severity of punishment, 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- Bhagwan Singh 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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