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2025 DAILYLAW 130618 (ALL)

BHAGWAN DAS PANDEY v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME GOVT. OF U.P. LKO. AND ANOTHER

ABAIL/366/2025 · 2025-04-04

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18733 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 366 of 2025 Applicant :- Bhagwan Das Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Govt. Of U.P. Lko. And Another Counsel for Applicant :- Ram Kinkar Upadhyay,Jagendra Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of State. In view of order being passed, notice to opposite party no.2 stands dispensed with. 2. This first anticipatory bail application has been filed with regard to FIR No. 705 of 2023 under Sections 419, 420, 467, 468, 471 & 120-B IPC, Police Station Kotwali Nagar, District Ambedkar Nagar. 3. As per contents of First Information Report, the applicant who is not named in the FIR allegedly was instrumental alongwith co-accused in fabrication of sale deed pertaining to plot in question. 4. It has been submitted that applicant has been falsely implicated in the charges levelled against him. It is quite evident from the fact that his name is not indicated in the FIR and has been shown involved only on the basis of confessional statement of main co-accused. 5. Learned AGA has opposed anticipatory bail application with the submission that applicant is not co-operating in the investigation due to which non-bailable warrant has been issued against him. It is also submitted that the entire sale consideration has in fact been created into the applicant's account. 6. Considering submissions advanced by learned counsel for parties, particularly taking note of the fact that applicant is not cooperating in the investigation, this Court does not find any occasion to grant any indulgence at this stage. Liberty, however, is granted to applicant to file regular bail application before the trial Court. 7. With aforesaid directions, application stands disposed of. Order Date :- 4.4.2025/Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench