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2025 DAILYLAW 133640 (ALL)

BADKAI v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

ABAIL/399/2025 · 2025-04-15

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20935 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 399 of 2025 Applicant :- Badkai Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Meva Lal Yadav,Harshita Gupta,Saddam Khan 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 Case Crime No. 592 of 2022 under Sections 419, 420, 467, 468 and 471 IPC, Police Station Kotwali Bhinga, District Shrawasti. 3. As per contents of First Information Report, the applicant was instrumental in getting her name mutated with regard to plot in question which allegedly belongs to the complainant. It is stated that the mutation effected in favour of applicant vide order dated 05.02.2019 was challenged by the informant and subsequently vide order dated 18.11.2019 was cancelled and the name of informant was thereafter entered in the revenue records but subsequently the applicant is instrumental in executing a sale deed dated 12.04.2022 in faour of one Meharunisha who is also nominated in the FIR. 4. It has been submitted that applicant has been falsely implicated in the charges levelled against him and that a bare perusal of the allegations levelled in the FIR clearly indicate a civil dispute being given her criminal colour. It is submitted that applicant does not have any previous criminal history. 5. Learned AGA has opposed anticipatory bail application with the submission that charge-sheet in the matter has already been filed and the allegations levelled in the FIR clearly indicate the imputation of sections levelled against applicant. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that since charge-sheet has already been filed, the aspect of sale deed being unauthorizedly executed by applicant would require to be examined by Trial Court. 7. Considering such submissions, this Court deems it appropriate that the applicant should apply for regular bail before the trial Court. 8. In view of aforesaid, the application stands disposed of. Order Date :- 15.4.2025 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