Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 143842 (ALL)

OMKAR NATH TRIPATHI @ OMKAR TIWARI v. STATE OF U.P. THRU.PRIN. SECY. HOME LKO AND ANOTHER

ABAIL/637/2025 · 2025-07-10

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:39436 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 637 of 2025 Applicant :- Omkar Nath Tripathi @ Omkar Tiwari Opposite Party :- State Of U.P. Thru.Prin. Secy. Home Lko And Another Counsel for Applicant :- Onkar Nath Nishad Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel the applicant and learned A.G.A. for the State. The present application under Section 438 Cr.P.C./482 B.N.S.S. has been filed seeking anticipatory bail in FIR/Case Crime No. 336 of 2017, under Sections 419,420,467,468,471 of I.P.C., P.S. Imaliya Sultanpur, District Sitapur. The case of the prosecution is that while hatching conspiracy, the accused persons including the applicant have forged aadhar card, voter card, khasra, khatauni etc. and by preparing forged documents, they have attempted to get sanctioned a loan of Rs. 6 lakhs from UCO Bank, Sitapur. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. Learned A.G.A. on the basis of instructions has submitted that the charge-sheet has been filed way back in the year 2018. The applicant is absconding since then. Moreover, the complicity of the applicant in committing forgery has been found during investigation. Hence, no case of anticipatory bail is made out. Perused the record. On due consideration to the fact that charge-sheet has been filed in the year 2018; the applicant has criminal history of 10 cases, this Court is not inclined to exercise the extraordinary jurisdiction under anticipatory bail in such a case. In view of the above, no ground for grant of anticipatory bail is made out. Accordingly, the anticipatory bail application is rejected. However, liberty is granted to the applicant to appear/surrender before the learned trial court within ten days from the date of receipt of certified copy of this order and in case, he files a regular bail application, the same be decided expeditiously in view of the law laid down in Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51. Order Date :- 10.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench