Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 148979 (ALL)

MUNENDRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME, LUCKNOW U.P.

/8933/2023 · 2025-08-05

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:45692 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8933 of 2023 Applicant :- Munendra Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home, Lucknow U.P. Counsel for Applicant :- Pankaj Kumar Tripathi,Mohd. Shahid Akhtar,Rajiv Raman Srivastava,Rohit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Rajiv Raman Srivastava, learned counsel for the applicant and Shri Abhishek Kumar Singh, learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 26 of 2021, under Sections 419, 420, 467, 468, 471, 120B I.P.C. registered at Police Station - Pisawan, District - Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.01.2021 against the applicant and Zalim S/o Bishnu stating that applicant is the uncle of the informant and he set up co-accused Zalim as an impostor for the informant and through him, he had executed a sale deed of informant's land in favour of the applicant on 24.11.2020. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case, has no criminal history and is languishing in jail since 16.09.2021. 5. On the other hand co-accused Zalim, against whom the allegation of registration of sale deed has been levelled, has been granted bail by the Co-ordinate Bench of this Court by means of an order dated 11.04.2025 passed in CRIMINAL MISC. BAIL APPLICATION No. - 13089 of 2024. 6. Learned A.G.A. has opposed the bail application but he could not dispute the fact that it is reiterated in the bail order of the co-accused that no even a single prosecution witness has been examined properly, although the applicant is languishing in jail for past four years. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the co-accused Zalim has already been granted bail, I am of the view that the applicant is also entitled to be released on the ground of parity. 8. Accordingly, this bail application stands allowed. 9. Let the applicant - Munendra be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. Order Date :- 5.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench