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2025 DAILYLAW 123779 (ALL)

SUNIL KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

ABAIL/231/2025 · 2025-03-25

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17051 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 231 of 2025 Applicant :- Sunil Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Manoj Kumar Singh,Prashant Tiwari Counsel for Opposite Party :- G.A.,Anshuman Singh,Pradeep Kumar Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of opposite party- State as well as learned counsel for complainant and perused the record. 2. First Anticipatory Bail Application has been filed with regard to Case Crime No.-8607 of 2023, under Sections 419, 420, 467, 468, 471, 504 & 506 I.P.C., Police Station Paraspur, District Gonda. 3. As per contents of first information report, allegation made against applicant is that he was instrumental in executing a sale-deed dated 06.02.2019 in favour of one Sheela Devi of a property which did not belong to him. 4. Learned counsel for applicant submits that he has been falsely implicated in the charges levelled against him and that in fact a criminal colour is being sought to be given to a purely civil dispute inasmuch as two regular suits, one instituted by applicant for grant of permanent and mandatory injunction and another by the informant for cancellation of the said sale-deed are still pending consideration. He has also claimed parity with Criminal Misc. Anticipatry Bail Application No.2278 of 2024, Sheela Devi versus State of U.P. & Ors. 5. Learned counsel for opposite parties, particularly learned Additional Government Advocate on the basis of instruction submits that the applicant is not appearing before the trial court due to which proceedings under Sections 82 and 83 Cr.P.C were issued against him. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it being evident that despite cognizance having been taken of complaint by trial court, applicant is not participating in the proceedings leading to issuance of proceedings under Sections 82 and 83 of Cr.P.C. 7. In such circumstances, this Court does not find it a fit case to grant indulgence, the applicant is therefore entitled to apply for regular bail before the Court concerned. 8. The Anticipatory Bail Application is therefore dismissed. Order Date :- 25.3.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench