SANJAY KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
ABAIL/748/2025 · 2025-07-03
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 142772 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142772 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37476 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 748 of 2025 Applicant :- Sanjay Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sanket Pandey Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. In view of the proposed order being passed, notices to respondent No.2 is dispensed with. Heard learned counsel for the applicant and learned A.G.A. for the State. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No.862/2019, under Sections 409, 471, 468, 467, 420, 419 I.P.C., P.S. Gomti Nagar, District Lucknow. In the prosecution case, it is alleged by the complainant Srikanti Devi that Rsons Infraland Developers Pvt. Ltd. by committing fraud have sold her land through a registered sale deed and when the possession was demanded, co-accused Ashish Kumar Srivastava trying to divert the issue and after closing the office has ran away. She has not received the possession till date. The complainant has given Rs.5,69,500/-. There are eight other victims who have also been cheated by these persons.
Learned counsel for the applicant submits that applicant has no criminal history. There is no allegation of forgery. The dispute is civil in nature. The co-accused has been granted regular bail. Learned A.G.A. has opposed the bail application and has submitted that in the bail application moved before the learned Sessions Judge in paragraph 12, the applicant himself has admitted his complicity as the land was purchased in his name and he has executed the sale deed. He submits that complicity of the applicant is admitted. The offence is punishable with life and thus, the anticipatory bail application is liable to be rejected. Perused the record.
On due consideration to the submissions advanced, the material available on record, the complicity of the applicant in the offence is prima facie evident hence no case for anticipatory bail is made out. The bail application is rejected.
Order Date :- 3.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench