SHIV RATAN AGRAWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned Counsel for the applicant as well as learned A.G.A. and perused the record. The accused-applicant is involved in Case Crime No. 206 of 2023, under Ss. 419, 420, 467, 468, 471, 504, 506 I.P.C., Police Station-Colonelganj, District- Prayagraj.

(2.) It is argued by the learned counsel for the applicant that first informant and accused-applicant Shiv Ratan Agarwal are the real brothers and now the family settlement has taken place and being the real brothers, now the first informant does not want any action against the applicant and wants his brother to get released from custody. Settlement between the parties has been appended at page 20 of the paper book. Signatures of the first informant and applicant Shiv Ratan Agarwal along with other family members are on the settlement. As dispute was regarding some fake documents prepared by the applicant in his favour, now parties have arrived at a compromise and the compromise is appended with the paper book. The applicant is languishing in jail since 28/5/2023. Hence prayer of bail is made. Sri Akarsh Dwivedi, learned counsel for the first informant and first informant Ram Ratan Agarwal himself are present in the Court, Sri Ram Ratan Agarwal reiterated the version that as the first informant and the applicant Shiv Ratan Agarwal are the real brothers and now property dispute between them has came to an end with the partition deed executed between them appended at page 20 of the paper book which bears the signature of both the first informant and Shiv Ratan Agarwal, hence prayer for bail is made by the first informant also.

(3.) From the perusal of the record, it is found that parties have entered into a compromise. First informant and the applicant are the real brothers. There was dispute regarding preparation of forged document in favour of applicant. Now their property dispute is said to have ended with the execution of the family settlement appended at page 20 of the paper book. This documents bears the signatures of the first informant and the applicant and other family members. The offence is triable by Magistrate. The applicant is languishing in jail since 28/5/2023. Perusing the record, considering the facts and circumstances of the case, the nature of allegations, arguments advanced by the learned counsel for the parties, without expressing any opinion on the merit of the case, I find it to be a case of bail.