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2025 DAILYLAW 140099 (ALL)

NAVEEN SINGH v. STATE OF U.P THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/5590/2024 · 2025-03-17

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15678 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5590 of 2024 Applicant :- Naveen Singh Opposite Party :- State Of U.P Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Manish Mani Sharma,Amrendra Nath Tripathi,Kamini Singh Counsel for Opposite Party :- G.A.,Amit Arora Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State as well as Mr. Amit Arora, learned counsel for informant and perused the record. 2. This first bail application has been filed with regard to Case Crime No.20 of 2024, under Sections 419, 420, 467, 468, 471 IPC registered at Police Station Nigoha, District Lucknow. 3. As per allegations levelled in the First Information Report, a sale-deed is said to have been executed on 02.05.2023 indicating M/s R.S. Bikes & Wheels Private Ltd as the seller and M/s Brij Gopi Developers Ltd. as purchasers of the property in question. Applicant is indicated as the authorized signatory of the directors of the seller company on the basis of an authorization dated 01.05.2023. The allegations levelled in the first information report also indicate that subsequently a second sale-deed was executed on 03.05.2023 of the same property by M/s Brij Gopi Developers Ltd. in favour of one Mithlesh Kumar Pathak. Informant is the Director of Seller Company. Allegation has further been made that the sale- deed has been executed only for the purpose of defrauding the informant in terms of a conspiracy between alleged authorized signatory of the seller company of the first sale-deed and the parties thereto as well as of the sellers of the second sale- deed. 4. Learned counsel for applicant submits that he has been falsely implicated with regard to allegations levelled against him and that he was in fact only an agent of the M/s R.S. Bikes & Wheels Private Ltd. and executed the sale-deed dated 02.05.2023 only on the basis of the authorization dated 01.05.2023. It is submitted that charge- sheet has been filed with regard to the matter against four accused persons including the applicant. It is submitted that Forensic Science Laboratory report has also been submitted which form the part of case-diary indicating that in the alleged authorization dated 01.05.2023 there is mismatch of signatures of the Directors of R.S. Bikes & Wheels Private Ltd. It is also submitted that subsequently in other proceedings, one of the accused Anuj Singh Rajawat in the bail application in the same crime number has also give undertaken that he would be making good the consideration indicated in the second sale-deed and will also file a suit for cancellation of both sale-deeds in Criminal Misc. Bail Application No. no.1094 of 2025. 5. Learned Additional Government Advocate appearing on behalf of State and learned counsel for informant have opposed the bail application with the submission that there is no good ground to consider the bail application. It is submitted that even otherwise as per Forensic Science Laboratory report, the allegations of forgery levelled against applicant are clearly made out. 6. Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material available on record, it is admitted that Forensic Science Laboratory report indicates mismatch of signatures in the authorization dated 01.05.2023. 7. Considering the fact that the First Information Report clearly has alleged the applicant falsely projecting himself as an agent of the company and the director by virtue of the authorization dated 01.05.2023 which forms the basis of subsequent two sale-deeds and the trial not yet having commenced, this Court does not find any good ground to entertain the application which is accordingly rejected. Order Date :- 17.3.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench