Court No. - 85

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438

CR.P.C. No. - 13530 of 2022

Applicant :- Ajeet Kumar Singh

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Bharat Singh Pal,Vijay Prakash Mishra

Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Jyotsna Sharma,J.

01. Heard Sri Bharat Singh Pal, learned counsel for the applicant, Sri O.P.

Mishra, learned AGA for the State and perused the papers on record.

02. The present application has been moved seeking anticipatory bail in Case

Crime no.72 of 2022, under Sections 419, 420, 467, 468, 471 and 506 I.P.C.,

P.S. Mau Aima, District Prayagraj.

03. As per the allegations in the F.I.R., in pursuance of a conspiracy hatched

by the persons named in the F.I.R. an ancestral property belonging to the first

informant and entered in the revenue papers as such, was sold to Smt.

Saiyadunnisha, her husband Akbar Ali and her son Abrar by executing a sale

deed putting some imposter in place of real owner showing the fraudulent sale

deed as the one executed in the year 2013. The conspiracy was revealed to the

first informant when the purchaser tried to illegally occupy the property in

question and dispossess the real owner. When the first informant got the copy

of the sale deed he found no photograph of his own on the deed.

04. It is contended on behalf of the applicant that the only role assigned to

him is of a marginal witness. He is neither seller nor buyer of the property in

question. It is also contended that he has put his signature on the deed in good

faith not knowing that seller was not the real owner.

05. The anticipatory bail application is opposed by learned A.G.A. pressing

before me the fact that in this case, in pursuance of the conspiracy as between

imposter, the buyer and the marginal witness, a forged sale deed was executed

of the ancestral land belonging to the first informant and as such it cannot be

said that the dispute is of civil nature.

06. Learned counsel for the applicant forcefully contended that buyers Smt.

Saiyadunnisha, Akbar Ali and Abrar have been granted anticipatory bail in

Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.3277 of

2022. Learned A.G.A. in reply to the ground of parity taken by learned

counsel for the applicant stressed that a buyer may classify as a victim in case

he entered into deal as bonafide purchaser but the marginal witness has

greater responsibility as he stands in the category of a person who identified

the parties.

07. Prima facie it does not appear that the F.I.R. has been lodged against him

with the purpose of bringing disgrace or cause humiliation to him by having

him arrested in a mala fide manner. It may also be kept in mind that

anticipatory bail is an extraordinary remedy to be exercised in suitable cases

only. The powers under Section 438 Cr.P.C. cannot be utilized in a routine

manner and definitely not as a substitute for regular bail. This discretionary

power calls for existence of facts of the kind where the court is satisfied that

its interference is necessary to further the cause of justice and to prevent

misuse of process of law.

08. In view of the facts and circumstances of the case I do not find it fit case

to grant benefit of anticipatory bail.

09. Hence the anticipatory bail application is rejected.

10. It is made clear that observations made in rejecting anticipatory bail

to the applicant shall not in any way affect the learned trial Judge in

forming his independent opinion at any stage of the case based on

material before him.

Order Date :- 6.2.2023

Asha

Digitally signed by :-

ASHA

High Court of Judicature at Allahabad