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2025 DAILYLAW 149973 (ALL)

KRISHNA BIHARI SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

ABAIL/768/2025 · 2025-07-10

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39377 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 768 of 2025 Applicant :- Krishna Bihari Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Nagendra Singh,Vibhor Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present anticipatory bail application has been filed seeking anticipatory bail in case crime/FIR No. 315 of 2020, under sections 420/406/467/468/471/120B/419 IPC, Police Station- Wazeerganj, District- Lucknow. Heard learned counsel for the applicant and learned A.G.A. for the State. In the prosecution case, it is alleged that an unregistered fabricated codicil was executed in favour of the co-accused. The applicant was a witness in that codicil. Learned counsel for the applicant submits that the main accused Rajmani Dubey has been enlarged on anticipatory bail vide order dated 22.05.2025 passed in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 543 of 2025. He seeks parity with the order co-accused Rajmani Dubey. Learned counsel for the applicant further submits that the applicant is willing to cooperate with the investigation. Learned AGA has opposed the bail application. On due consideration to the bail order of co-accused Rajmani Dubey; the fact that the applicant is only witness in the codicil, so also the undertaking given on his behalf to cooperate in the investigation, I am of the opinion that the applicant is entitled to be released on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the investigation. In view of the above, it is provided that in the event of arrest, the applicant 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 twenty days from today. He/She shall cooperate in the investigation and He/She 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 application is allowed. Order Date :- 10.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench