MOHD. ABRAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant Shri Amit Kumar holding brief of Shri A.S. Urmani, learned counsel for the informant and learned A.G.A.

(2.) The allegation against the applicant is that he is real brother of informant Mohd. Israil and he has got executed forged 'Hiba Nama' in his favour from his brother, Mohd. Israil.The informant Mohd. Israil alleged that he has never executed 'Hiba Nama' in favour of the applicant.

(3.) Learned counsel for the applicant has submitted that applicant has been falsely implicated in this case.The applicant,who is his brother and informant were doing business together and he willingly executed 'Hiba Nama' in favour of the applicant towards consideration of his share in the business.The dispute is of civil nature and validity of 'Hiba Nama' can be decided by the civil court. The applicant is in jail since 26.1.2020 and has criminal history of one case in which he has been enlarged on bail vide order dated 6.8.2020 in Criminal Misc. Bail Application No. 19856 of 2020. The applicant has approached this court directly without approaching the court below for bail.