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2025 DAILYLAW 149670 (ALL)

RAHUL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

NABAIL/814/2025 · 2025-09-19

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 814 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Mithila Bakhsh Tiwari, the learned counsel for the applicant, Sri Manish Vikram Singh Chauhan, the learned A.G.A. appearing on behalf of the State and perused the records. 2. The applicant was granted interim anticipatory bail by means of the following order passed by a coordinate Bench of this Court on 10.07.2025: "1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.83 of 2025 under sections 319(2), 318(4), 338, 336(3), 340(2) BNS, P.S. Nigoha, district Lucknow. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.It is alleged in the prosecution case that some imposter while forging signature of the informant executed a sale deed of his property in favour of purchaser Dr. Isha Tyagi. It is further alleged that the accused including the applicant are instrumental in preparation of the forged IDs viz AADHAR card, and PAN card etc of actual owner of the property on the basis of which the property was sold to Dr. Isha Tyagi. 4.Learned counsel for the applicant submits that the applicant is neither seller nor purchaser nor witness in the sale deed. The applicant has explained criminal history of one case in para 12 of the bail application. The offences are triable by Magistrate. The investigation is going on. The applicant is not named in the first information report. Learned counsel for the applicant undertakes that the applicant shall Versus Counsel for Applicant(s) : Mithila Bakhsh Tiwari Counsel for Opposite Party(s) : G.A. Rahul .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) cooperate in the investigation. 5.Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel but could not dispute the argument advanced by learned counsel for the applicant. On a specific query made by the court, learned A.G.A. could not inform the court whether the applicant was assigned any specific role in this case. 6.List on 8.8.2025. In the meantime, learned A.G.A. shall file objections/counter affidavit. 7.Considering the above aspects of the matter, the offences are triable by Magistrate, the fact that the applicant has explained criminal history of one case, role assigned to the applicant, the undertaking given on behalf of the applicant that he will cooperate in the investigation, perusal of the record, and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 8.In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the investigating officer. The applicant shall report to the investigating officer within seven days from the date of receipt of a certified copy of this order. The investigating officer shall enlarge the applicant on anticipatory bail, as directed above. 9.The applicant shall cooperate in the investigation and he will not influence the witnesses. In case of default, it would be open for the investigating agency to proceed in accordance with law/ to move application for vacation of this order." 3. The State has filed a counter affidavit annexing therewith copies of material collected during investigation. 4. The learned A.G.A. could not point out any misuse of interim anticipatory bail granted to the applicant. The investigation already stands concluded. 5. No material has come to light which may persuade this court to take a view different from the one taken by the coordinate Bench. 6. In view of above, the interim order dated 10.07.2025 is made absolute and the anticipatory bail application is allowed in terms of the aforesaid order. September 19, 2025 Ram. NABAIL No. 814 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench