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2025 Supreme(Online)(ALL) 605
HIGH COURT OF ALLAHABAD
Hon'ble Vivek Varma,J.
Javed Alias Pappu Ganjia – Appellant
Versus
State of U.P. – Respondent
CRIMINAL MISC. BAIL APPLICATION No. - 25513 of 2024 at Allahabad
Petitioner:Sr. Advocate and Patgendra Bhushan Misra
Respondent: G.A.
Bail is the rule and jail is the exception; absence of substantial evidence against the applicant justifies bail despite criminal history.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 439 - Bail application - The applicant seeks bail in a case involving multiple IPC sections including 419, 420, 467, 468, 471, 120-B, and 506 - The prosecution alleges illegal occupation of inherited land and threats against the informant - The applicant contends false implication and civil nature of the dispute - Previous bail grants and acquittals noted - Court finds no substantial evidence of tampering or intimidation - The principle that bail is the rule and jail is the exception is reiterated. (Paras 2, 4, 6, 10, 12)
(B) Criminal Antecedents - The court acknowledges the applicant's criminal history but emphasizes that prior acquittals and the absence of current threats to the investigation warrant bail. (Paras 7, 8, 9)
(C) Conditions for Bail - The applicant is granted bail with conditions to ensure appearance and non-tampering with evidence. (Paras 13, 14)
Facts of the case:
The applicant is accused of illegally occupying land inherited by the informant and threatening her. The informant alleges that the applicant's brother was killed by the accused, and the case is pending.
Findings of Court:
The court finds the dispute to be civil in nature and that the applicant has not been shown to pose a threat to the investigation or witnesses.
Issues: The main issues include whether the applicant's actions constitute criminal offenses and the appropriateness of bail given the applicant's history.
Ratio Decidendi: The court ruled that the absence of substantial evidence against the applicant and the civil nature of the dispute justify granting bail, reaffirming that bail should not be denied solely based on criminal history.
Result: Bail granted.
Hon'ble Vivek Varma,J.
1. Heard Shri Kamal Krishna, learned Senior Advocate assisted by Shri Patgendra Bhushan Mishra, counsel for the applicant and Shri Manish Goel, learned Additional Advocate General for the State. Perused the record.
2. The instant bail application, under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No.64 of 2024, under Sections 419, 420, 467, 468, 471, 120-B, 506 I.P.C., Police Station- Naini, District- Prayagraj, during pendency of the trial.
3. In brief, the prosecution story states that the informant inherited plot no.40/2 admeasuring 0.217 hectares and plot no.59/2 admeasuring 0.126 hectares situated at Madhavpur, Uparhar, Tehsil Karchhana from her late brother Babbu who died issueless. The co-tenure holders land mafia Pappu Ganjia (applicant) Miraj Uddin, Anwar Thekedra, Noor Mohammad are illegally occupying her land against which she gave several applications, however no action was taken upon them. The informant alleged that on her application for demarcation, the Lekhpal submitted a report under the influence of the accused persons that demarcation is not possible. It was also alleged that since informant's brother was killed by the accused persons for which case is pending before the court concerned, they are threatening the informant and her brother Bheeru.
4. Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. Earlier the applicant was granted bail in Case Crime No.257 of 2022, u/s 386, 323, 504, 506 I.P.C., P.S. Naini, District Prayagraj by this Court vide order dated 11.10.2023. Immediately thereafter, an F.I.R. was lodged against the applicant on 18.11.2023 registered as Case Crime No.599 of 2023, u/s 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. In the said case also, the applicant was granted bail by this Court vide order dated 19.3.2024 passed in Criminal Misc. Bail Application No.370 of 2024 (Mohd. Javed @ Pappu Ganjia vs. State of U.P.). Further, prior to the lodging of the instant first information report, the informant submitted an application to the Chief Minister. The application was marked for suitable inquiry to the District Magistrate and was allotted a reference number 15175230269317. After conducting an inquiry into the matter, the concerned Tehsildar submitted his report that the informant/complainant had not provided the family tree in order to ascertain her share in the disputed property and as such the status of possession could not be ascertained. Thereafter, the Sub Divisional Magistrate, Karchana, Prayagraj submitted his report to the District Magistrate on 24.01.2024. In this report he considered the inquiry made by the Tehsildar and stated that the informant/complainant has been intimated that the relief sought by her could only be granted by instituting a case before the court of competent jurisdiction. Thereafter, the instant first information report has been lodged on 01.02.2024. It is contended that the dispute is of civil nature and the informant has attempted to cloak it with a criminal flavour to harass the applicant. The applicant is not encroaching upon the property of the first informant. The deceased brother of the first informant died a natural death. The grievance of the informant regarding demarcation of boundaries can only be addressed by filing an application under Section 24 of the U.P. Revenue Code and not by instituting a complaint on the IGRS Portal or lodging the F.I.R. Neither any civil suit nor any application under Section 24 of the U.P. Revenue Code has been instituted by the informant. It is next contended that the other co- accused persons, after submission of charge sheet, filed an Application under Section 482 No.27344 of 2024 (Anwar Ali and another vs. State of U.P. and another) challenging the entire proceedings as well as cognizance/summoning order dated 5.7.2024 and this Court vide order dated 21.11.2024 has stayed
