Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58405

of 2022

Applicant :- Kripanand

Opposite Party :- State of U.P.

Counsel for Applicant :- Syed Wajid Ali

Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

Heard Sri Syed Wajid Ali, learned counsel for the applicant and

Sri Ravi Kant Kushwaha, learned AGA for the State.

The instant bail application has been filed seeking release of the

applicant on bail in Case Crime No. 56 of 2022, under Sections

363, 365, 368, 420, 34 IPC, Police Station Ikauna, District

Deoria during pendency of the trial.

FIR of the present case was lodged under Sections 419, 420,

365 IPC. According to the FIR, the elder brother of the

husband of the informant missed somewhere and through rumor

she came to know that he was abducted by the applicant and his

associates and applicant executed a sale deed in favour of his

wife from the elder brother of the husband of the informant.

Learned counsel for the applicant submitted that entire

allegation made against the applicant is totally false and

baseless and as informant wanted to grab the property of her

Jeth, therefore, only due to that reason she lodged FIR of the

present case. He further submitted that FIR of the present case

was lodged on the basis of suspicion and in fact the Jeth of the

informant was not mentally retarded and he according to his

own wish executed sale deed in favour of wife of applicant after

receiving due consideration. He further submitted that when the

statement of victim i.e. Jeth of the informant was recorded

under Section 161 Cr.P.C. then Magistrate did not record that he

was either mentally retarded or not in position to give any

statement and the statement appears to be given under the

influence of the informant. He further submits that if informant

and victim are having some grudge with the alleged sale deed

then they can file suit for its cancellation but they given

criminal colour to the civil matter and implicated the applicant

and his wife in the present matter. He further submitted that

applicant neither cheated the victim nor he executed any forged

sale deed. He further submitted that the sale deed was executed

by the Jeth of the informant, the owner of the property and

applicant is in jail since 22.09.2022 and he is having no

criminal history, therefore, he may be released on bail.

Per contra, learned AGA opposed the prayer for bail and

submitted that from the FIR itself it reflects that Jeth of the

informant was mentally retarded and if any sale deed was

executed by him then it may be ab initio void but learned AGA

could not dispute the fact that in fact informant and victim have

right to challenge the sale deed before the civil court and at the

time of recording the statement under Section 164 Cr.P.C.,

Magistrate did not record any finding with regard to his mental

status.

I have heard learned counsel for the parties and perused the

record of the case.

From the perusal of record, it appears that there is allegation

that Jeth of the informant was mentally retarded and after

kidnapping him a sale deed was executed in favour of the wife

of applicant and applicant was the main accused but when the

statement of victim i.e. Jeth of the informant was recorded

under Section 164 Cr.P.C. then Magistrate did not record any

finding with regard to mental status of the victim although it

appears from the statement that he did not willfully executed

the alleged sale deed.

Be that as it may, the present dispute appears to be civil dispute

and remedy before the civil court is available to both informant

and victim and they can file a suit for cancellation of the sale

deed.

The applicant is not having any criminal history and he is in jail

since 22.09.2022, therefore, in view of this Court, it is a fit case

to release the applicant on bail.

In the light of discussions made above, without expressing any

opinion on the merits of the case,