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2024 DIGILAW 514 (UTT)

Deep Chandra Aggrawal v. State of Uttarakhand

2024-07-26

ALOK KUMAR VERMA

body2024
JUDGMENT : ALOK KUMAR VERMA, J. 1. The present Application has been filed for regular bail in connection with the Case Crime No. 281 of 2023, registered at police station Kotwali, District Dehradun. 2. Applicant-Deep Chandra Aggrawal is in judicial custody for the offence under Sections 120B, 420, 467, 468 and Section 471 of the Indian Penal Code, 1860. 3. The case of the prosecution is that false sale deeds/ title deeds were prepared and replaced with the original deeds/ title deeds, kept in the Sub-Registrar Office, Dehradun. Mutation proceedings have also been initiated on the basis of the false sale deeds/ title deeds. During the investigation, involvement of the present applicant was found in the said offence. 4. Heard Mr. Naveen Singh Bisht, learned counsel holding brief of Mr. Bharat Chaudhary, learned counsel for the applicant and Mr. Rakesh Negi, learned Brief Holder for the State. 5. Mr. Naveen Singh Bisht, Advocate, has contended that the applicant is not named in the First Information Report. As per the case of the prosecution, the applicant had helped the co-accused in preparing false documents. Ten co-accused persons have already been granted bail by this Court. No incriminating article has been recovered from the present applicant. He has been in judicial custody for more than ten months. He does not have any criminal antecedents. He is a permanent resident of District Dibrugarh, Assam, therefore, there is no possibility of his absconding. Chare-sheet has already been filed, therefore, there is no chance of tampering with the evidence. 6. Mr. Rakesh Negi, learned Brief Holder for the State, has opposed the Bail Application. However, he has fairly conceded that co-accused persons have already been granted bail by this Court. 7. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, no reason is found to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage. 8. The Bail Application is allowed. 9. 8. The Bail Application is allowed. 9. Let the applicant-Deep Chandra Aggrawal be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned on the following conditions: (i) Applicant shall attend the Trial Court regularly and he shall not seek any unnecessary adjournment. (ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case. 10. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the court for cancellation of bail.