SHRINARAYAN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
/2826/2025 · 2025-08-05
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131367 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131367 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45508 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2826 of 2025 Applicant :- Shrinarayan And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Om Prakash Tiwari,Mamta Tripathi,Shilpi Singh Bhadauriya Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Om Prakash Tiwari, learned counsel for the applicants, Sri Rajesh Kumar Singh, learned Additional Government Advocate for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 438 of 2014, under Sections 419, 420, 467, 468, 471, 352, 504 & 506 I.P.C., registered at Police Station Colonelganj, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.10.2024 against seven accused persons, including the applicants in furtherance of an application under Section 156 (3) Cr.P.C. stating that the informant had purchased a piece of land from Musammat Badka, wife of Rmpati on
27.05.1998. On 13.06.2019 the co-accused Jaggu has executed another sale deed in respect of the same property. The applicants had been made accused because they had witnessed the execution and registration of sale deed. 4. In the affidavit filed in support of bail application it has been stated that the applicant no.1 is presently aged 71 years and the applicant no.2 is aged 67 years. The applicant no.1 has no criminal history and involvement of applicant no.2 in another case has been disclosed by filing a supplementary affidavit in
which he stands acquitted. It has also been submitted on behalf of the applicants that two co-accused persons have already been granted bail in the present case by the court below. 5. The State has filed a counter affidavit opposing the bail application and copies of material collected during investigation and copy of a charge sheet have been annexed with the counter affidavit. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicants are languishing in jail since 18.02.2025 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicants on bail in the aforesaid crime. 7.
Accordingly, this bail application stands allowed. 8. Let the applicants-Shrinarayan & Shafi Mohammad be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants shall appear on each and every date fixed by the trial court, unless their appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 5.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench