AAFAK AHAMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER
NABAIL/804/2025 · 2025-07-03
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147067 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147067 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37546 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 804 of 2025 Applicant :- Aafak Ahamad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned A.G.A. for the State, and perused the material available on record. The present application has been filed seeking anticipatory bail in Case Crime No. 458 of 2024, under Sections 419, 420, 467, 468, and 471 of the Indian Penal Code, Police Station Mohanlalganj, District Lucknow South (Commissionerate Lucknow). As per the prosecution case, the complainant Raj Kumar Verma and Smt. Manju Verma are the owners of agricultural land bearing Gata Nos. 1823Ka, 1822, 1855, and 1821Ka. It is alleged that the said land was fraudulently sold to three purchasers through two sale deeds executed on 29.09.2023 and 09.11.2022 by introducing imposters in place of the actual owners. Co-accused Raj Kumar Mishra is alleged to have impersonated informant Raj Kumar Verma, and his wife Reena Mishra impersonated Smt. Manju Verma. Based on such impersonation, the impugned sale deeds were executed. The applicant is stated to be a marginal witness in both sale deeds. It has been submitted on behalf of the applicant that he is neither the purchaser nor the seller nor a beneficiary of the said transactions. He claims to have been falsely implicated and states that he was working as a helper with one Vijay
Kumar, a typist at the registry office in Mohanlalganj, and he became a witness to the sale deeds in good faith. Learned A.G.A. has opposed the prayer for anticipatory bail and submits that the alleged offence is of a serious nature, and the presence of the applicant as a witness in both fraudulent sale deeds cannot be treated as mere coincidence. I have considered the rival submissions and perused the record. In view of the gravity of the offence and the manner in which the sale deeds were executed by impersonating the real owners, and further considering that the applicant is a witness in both sale deeds where alleged forgery has taken place, this Court is not inclined to grant anticipatory bail to the applicant. Accordingly, the anticipatory bail application is rejected.
Order Date :- 3.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench