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2025 DAILYLAW 148613 (ALL)

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

NABAIL/751/2025 · 2025-07-08

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38658 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 751 of 2025 Applicant :- Atul Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Sudhir Kumar Singh,Rajeev Kumar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present bail application under Section 438 Cr.P.C./482 BNSS has been filed seeking anticipatory bail in Case Crime/FIR No. 611/2024, under Section 420/467/468/471/504/506 of IPC, P.S.- Ram Nagar, District- Barabanki. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record. In the prosecution case, it is alleged that complainant purchased gata No. 472, rakba 0.0490 hectare from Prithvi for a consideration of Rs. 1,50,000/- on 06.06.2016 and has taken possession. However, in the registered sale deed, in stead of gata no. 472, 382D has been mentioned which does not exist. Learned counsel for the applicant submits that the applicant is neither the seller nor the purchaser in the said transaction; he is merely a marginal witness. He has been falsely implicated in the case. The FIR has been lodged after an unexplained delay of eight years. It is argued that there is no allegation of forgery against the applicant and the implication of the applicant appears to be baseless. He next submits that the role of the present applicant is similar to that of the co-accused Rajesh Chandra who has been granted anticipatory bail by this Court vide order dated 1.7.2025 passed in CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.- 761 of 2025. Learned counsel further submits that the applicant has no previous criminal antecedents and is willing to cooperate with the investigation. Learned A.G.A. has opposed the bail application. On due consideration to the anticipatory bail order of the co- accused, the fact that the offences are triable by a Magistrate, the delay in lodging the FIR and the applicant's undertaking to cooperate with the investigation and without entering into the merits of the case, this Court, in light of the decision in Sushila Aggarwal & Others v. State (NCT of Delhi) & Another, (2020) 5 SCC 1, finds it appropriate to grant anticipatory bail to the applicant under Section 482 BNSS. In view of the above, it is provided that in the event of arrest, the applicant- Atul Kumar Singh 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 the 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. The anticipatory bail application is allowed. Order Date :- 8.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench