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2025 DAILYLAW 132628 (ALL)

SANTRAM TIWARI @ SANTRAM v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO AND ANOTHER

NABAIL/303/2025 · 2025-08-01

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44809 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 303 of 2025 Applicant :- Santram Tiwari @ Santram Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Rashmi Pandey Counsel for Opposite Party :- G.A.,Farooq Ayoob Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in case crime/FIR No. 60 of 2025, under Sections 419,420,467,468,471 IPC, P.S.- Jaidpur, District- Barabanki. In the prosecution case, it is alleged that the accused after taking consideration amount have sold their part of land to the complainant. The applicant has taken Rs. 6 lakhs on 15.1.2010 and the co-accused Rakesh has taken Rs. 9 lakhs on 4.6.2015 and thereafter, sale agreement was executed. Since after the agreement due to consolidation proceedings, the name of the purchaser could not be mutated and taking advantage thereof, the accused-applicant has taken a loan of Rs. 4,61,000/- on the same land on 18.4.2024 as well as the co-accused Rakesh has taken a loan of Rs. 2,50,000/- on 17.3.2024. Learned counsel for the applicant submits that the applicant is innocent. The authenticity of the sale deed is already pending adjudication before the competent court of civil court in a civil suit filed in the year 2019. The dispute is civil in nature. Learned counsel submits that the applicant has explained his criminal history in the supplementary affidavit. The alleged offences are triable by a Magistrate. He undertakes to cooperate with the investigation. Learned A.G.A. as well as learned counsel for the complainant have opposed the anticipatory bail application. On due consideration to the submissions advanced, perusal of the record so also the fact that the civil suit is pending between the parties for cancellation of the sale deed before the Civil Judge (J.D.), Barabanki; the applicant has duly explained his criminal history; the offences are triable by a Magistrate; the investigation is going on and the undertaking given by the applicant to cooperate with the investigation, it would be expedient in the interest of justice that the liberty of the applicant may be protected. In view of the above, it is provided that in the event of arrest, the applicant- Santram Tiwari @ Santram shall be released on anticipatory bail in the aforesaid Case Crime number on his 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:- The applicant shall report to the investigating officer within ten days from the date of receipt of a copy of this order. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. The anticipatory bail application is allowed. Order Date :- 1.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench