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2025 DAILYLAW 143716 (ALL)

DANISH @ SADDAB ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

ABAIL/630/2025 · 2025-07-17

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40951 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 630 of 2025 Applicant :- Danish @ Saddab Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Neeraj Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in case crime/FIR No. 528 of 2023, under Sections 419,420,467,468,471 of IPC, P.S.- Kotwali Sadar, District- Unnao. In the prosecution case, it is alleged that the applicant in collusion with the other accused persons have got executed a forged sale deed of the complainant's land. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. He is neither a seller nor purchaser nor a marginal witness of the alleged sale deed. No forgery has been done by him as the alleged sale deed has not been executed in his favour. Also, he has not received the sale consideration amount. Learned counsel further submits that the civil suit filed by the complainant and her husband has been dismissed vide order dated 22.7.2024 and thereafter, only to exert pressure, this FIR has been lodged by the complainant against the applicant. Moreover, the applicant has explained the criminal history of one case in the supplementary affidavit and he undertakes to further cooperate with the investigation. Learned A.G.A. has opposed the anticipatory bail application. On due consideration to the fact that the applicant has duly explained his criminal history in the supplementary affidavit; no material has been brought forth by the investigating officer to show the complicity of the applicant; the offences are triable by a Magistrate and the undertaking given by the applicant to further 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- Danish @ Saddab Ali 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 certified 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 :- 17.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench