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2025 DAILYLAW 124140 (ALL)

RAM BILASH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

ABAIL/223/2025 · 2025-02-21

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11402 Court No. - 29 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 223 of 2025 Applicant :- Ram Bilash Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Raj Kumar Dwivedi,Prashant Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Raj Kumar Dwivedi, the learned counsel for the applicant as well as Sri Virendra Kumar, the learned A.G.A.-I appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.30 of 2022, under Sections 419, 420, 467, 468, 471 IPC, Police Station- Sadulla Nagar, District- Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.03.2023 against three persons, not including the applicant, in furtherance of an application under Section 156(3) Cr.P.C., alleging that in connivance with the applicant, co-accused Virendra Kumar Das got the name of his father entered in various government documents and thereafter falsely projecting himself to be dead, got the names of his heirs mutated in the revenue records. The co-accused has wrongfully taken the benefit of reservation on the basis of forged documents. 4. In the affidavit filed in support of the application it has been contended that the applicant is a 76 years old retired Revenue Inspector having no criminal history. However, the learned AGA-I has informed involvement of the applicant in an old case of the year 2008. 5. Co-accused Virendra Kumar Das has already been granted anticipatory bail by means of an order dated 28.07.2023 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 1677 of 2023. Other co-accused persons, namely, Mahant Virendra Kumar Das, Keshav Prasad Verma @ Keshav Prasad and Hari Prasad Tripathi have been granted bail by means of orders dated 28.07.2023, 21.11.2023 and 21.11.2023 passed by this Court in Criminal Misc. Anticipatory Bail Application u/S 438 Cr.P.C. Nos.1677 of 2022, 2667 of 2023 and 2668 of 2023 respectively. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the co-accused persons who were named in the FIR have also been granted anticipatory bail and the applicant is a retired government employee who was not named in the application under Section 156(3) Cr.P.C. and he has been implicated subsequently and he does not appear to be in a position to influence the witnesses or tamper with evidence and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant during pendency of the trial. 7. In view of the above, the anticipatory bail application of the applicant is allowed. 8. In the event of arrest/ appearance of applicant- Ram Bilash before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail during pendency of the trial on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i) that the applicant shall make themselves available for interrogation by a police officer as and when required; (ii) that 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; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. . (Subhash Vidyarthi,J.) Order Date :- 21.2.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench