BABURAM MAURYA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/6196/2025 · 2025-07-03
Karunesh Singh Pawar
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 149187 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149187 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37436 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6196 of 2025 Applicant :- Baburam Maurya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Satendra Nath Rai 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 record. The present bail application has been filed in Case Crime No. 0043 of 2025, under Sections 419, 420, 467, 468, and 471 of the Indian Penal Code, Police Station Kheri, District Lakhimpur Kheri. As per the prosecution case, it is alleged that Gata No. 245, measuring two bighas and belonging to the complainant, was fraudulently sold. It is alleged that one Kapil Verma impersonated the complainant and entered into an agreement with the applicant, Baburam Maurya, on 29.10.2016, for a consideration of Rs.1,00,000/-.
Learned counsel for the applicant submits that the agreement in question was merely an agreement to sell and the applicant himself has been cheated. It is further submitted that the offence is triable by a Magistrate, the applicant has no criminal history, the FIR has been lodged after a delay of 9 years, and the applicant is in jail since 04.05.2025. Learned A.G.A. has opposed the prayer for bail but has not disputed the factual
submissions made above. I have considered the rival submissions and perused the material on record. Considering the fact that the applicant is in custody since 04.05.2025, the charge sheet has already been filed, the offence is triable by a Magistrate, the FIR has been lodged with considerable delay, and the applicant has no criminal history, and without expressing any opinion on the merits of the case, I find it to be a fit
case for granting bail. Accordingly, the bail application is allowed. Let the applicant, Baburam Maurya, be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize or intimidate any prosecution witness.
3. The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer.
4. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default, it shall be open to the trial court to treat it as misuse of the liberty of bail and pass appropriate orders in accordance with law.
5. The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. In case of his absence without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
6. In case the applicant misuses the liberty of bail, and a proclamation under Section 82 Cr.P.C. is issued for securing his presence, and he fails to appear on the date fixed in such proclamation, the trial court shall initiate proceedings against him under Section 174-A of the Indian Penal Code.
Order Date :- 3.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench