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2025 DAILYLAW 120011 (ALL)

LAL BAHADUR YADAV v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO. AND ANOTHER

ABAIL/127/2025 · 2025-01-28

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5334 Court No. - 7 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 127 of 2025 Applicant :- Lal Bahadur Yadav Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Mrs. Rubina Zafar,Suresh Sharma Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the applicant; learned AGA for the State; Shri Pradeep Kumar Shukla, learned counsel for the complainant and perused the records. 2. The present application has been filed seeking anticipatory bail apprehending arrest in FIR No.0079 of 2023, under Sections 419, 420, 467, 468, 471 IPC, Police Station Baghrai, District Pratapgarh. 3. Submission of learned counsel for the applicant is that the applicant is also a purchaser of the property and in similar circumstances, the co-accused Kusum Devi was granted the benefit of anticipatory bail on 27.05.2024. It is further argued that the suit for cancellation of the sale deed is also pending. The applicant has no criminal antecedent and a charge sheet has also been filed. 4. Learned AGA and learned counsel for the complainant oppose the bail application and argue that the property was purchased despite knowing that the vendor has already died; in the mutation proceedings, orders have been passed against the applicant and the mutation has been cancelled; and summons have also been issued by the trial Court after filing of the charge-sheet. 5. Considering the fact that the benefit of anticipatory bail was granted to co-accused Kusum Devi, the applicant is also entitled to be extended the benefit of anticipatory bail. Thus, the present application for anticipatory bail is accordingly allowed. 6. In the event of arrest, let the applicant Lal Bahadur Yadav be released on anticipatory bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.30,000/- each to the satisfaction of Court below concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (d) The applicant shall not leave India without the previous permission of the Court. Order Date :- 28.1.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench