PUSHPRAJ SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.
NABAIL/220/2025 · 2025-04-25
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127126 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127126 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:23929 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 220 of 2025 Applicant :- Pushpraj Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Ripu Daman Shahi,Arun Pratap Singh,Saurabh Singh Counsel for Opposite Party :- G.A.,Akhand Pratap Singh,Himanshu Hemant Gupta Hon'ble Manish Mathur,J.
1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State, Mr. Akhand Pratap Singh, learned counsel for opposite party no.2- informant and perused the record. 2. First anticipatory bail application has been filed with regard to Case Crime No.495 of 2024 under Sections 318 (4), 319 (2), 338, 336 (2) & 340 (2) of BNS, 2023, , P.S. Kotwali Colonelganj, District Gonda. 3. As per contents of first information report, co-accused Vishunpal Singh (father of applicant) is said to have fabricated a sale deed dated 06.12.1971 allegedly executed by the father of informant Vijaypal Singh and is said to have got his name mutated in revenue records on that basis. 4. It is submitted that applicant has been falsely implicated in charges levelled against him which would be evident from a bare perusal of the FIR which does not indicate any allegation of forgery upon the applicant who has been nominated only on account of the fact that he is son of the main accused Vishunpal Singh. It is submitted that investigation is still ongoing in which applicant is co-operating. 5. Learned A.G.A. as well as learned counsel for informant have opposed anticipatory bail application with the submission that it is in fact the account of applicant which was credited with the sale consideration which indicates his complicity in allegations levelled. It is submitted previous criminal history of two cases has been explained. It is also admitted that investigation in the matter is still ongoing. 6. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it appears that there is no direct allegation levelled against applicant of having committed any forgery. The aspect of civil dispute being given in criminal colour is also required to be considered. Previous criminal history of applicant has already been explained. 7.
Thus, it would be expedient in the interest of justice that liberty of applicant may be protected till filing of police report u/s 173(2) Cr.P.C. in view of law laid down by Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another, (2020)5 SCC. 8. In view of the above, it is provided that till filing of police report u/s 173(2) Cr.P.C. in the event of arrest, the applicant Pushpraj Singh shall be released on anticipatory bail in aforesaid Case Crime number on his/her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (1) The applicant(s) shall cooperate in the investigation and he/she will not influence the witnesses. (2) The accused-applicant(s) will remain present as and when the arresting officer/1.O./S.H.O. concerned call(s) for investigation/interrogation. (3) The applicant(s) shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. 9. The application stands disposed of. Order Date :- 25.4.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench