MUNNI DEVI @ MUNNI AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. LKO. AND ANOTHER
ABAIL/303/2025 · 2025-08-18
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127613 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127613 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48216 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 303 of 2025 Applicant :- Munni Devi @ Munni And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. And Another Counsel for Applicant :- Pradyumn Shukla Counsel for Opposite Party :- G.A.,Srees Kumar Srivastava Hon'ble Subhash Vidyarthi,J.
1. Case called out. Nobody is present to press the application on behalf of the applicants. The learned A.G.A is present.
2. The applicants were granted interim anticipatory bail by means of the following order passed on 10.03.2025 by a Coordinate Bench of this Court:
"Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicants with the prayer to release them on anticipatory bail in Case Crime No. 169 of 2022, under sections- 420, 467, 468 and 471 of IPC P.S.-Gangaghat Kotwali District - Unnao. The contention of learned counsel for the applicants is that the applicants are innocent and have falsely been implicated in the instant matter due to ulterior motive. He submits that the applicants had executed an agreement to sale whereafter, it came into their knowledge that it is the same land for which a suit is pending before the civil court and thereafter, they got it cancelled while with a registered deed, which is appended at page 86 of this application. Further submission is that no mensrea is involved and no prejudice is caused to the informant. He also submitted that the applicants are cooperating in the investigation proceedings and a case criminal history has been explained and they undertake that they will always remain present before the Investigating Officer as and when required. He also submits that there is acute apprehension that the applicants will be arrested by the police thus, submission is that the the applicants may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the
submissions aforesaid and submits that the applicants are involved in committed offence, as such, they are not entitled to be released on anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicants- Munni Devi, Rajaram and Bachcha shall be released forthwith, in case of their arrest in the aforesaid case crime (supra) on an interim anticipatory bail on their furnishing personal
bonds and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicants 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicants shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted the applicants shall not tamper with the evidence during the trial; (v) that the applicants shall not pressurize/ intimidate the prosecution witness; (vi) that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Let notice be issued to opposite party no. 2, returnable at an early date. Steps be taken within a week. If steps are taken, office shall proceed accordingly. List/put up this matter in third week of April, 2025. In the meantime, the State as well as opposite party no. 2 may file their counter affidavits. The applicants are directed to appear before the Investigating Officer on 18.03.2025 at 02.00 P.M., failing which, the Investigation Officer shall inform this court while filing the Counter Affidavit that the applicant has cooperated in the investigation proceedings or not"
3. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge-sheet dated 29.06.2023. 4. The opposite party no.2 has put in appearance by filing vakalatnama executed in favour of his counsel but the opposite party no.2 has not filed any counter affidavit. 5.
The learned A.G.A has not alleged any misuse of the liberty of the interim anticipatory bail granted to the applicants. 6. In these circumstances, this Court finds no good ground to
take a view different from the view taken by a Coordinate Bench of this Court on 10.03.2025 granting anticipatory bail to the applicants. 7. In view of above, the interim order dated 10.03.2025 is made absolute and the anticipatory bail application is allowed. . (Subhash Vidyarthi,J.)
Order Date :- 18.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench