BHAGWAN DAS PANDEY v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.
BAIL/6440/2025 · 2025-07-11
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150787 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150787 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:39763 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6440 of 2025 Applicant :- Bhagwan Das Pandey Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Rakesh Kumar,Pramod Kumar Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No. 705 of 2023, under Sections 419, 420, 467, 468, 471, and 120-B of the Indian Penal Code, Police Station Kotwali Akbarpur, District Ambedkar Nagar. In the prosecution case, it is alleged that the co-accused persons, in conspiracy with each other, forged the power of attorney of one Geeta Devi and, by impersonating her through one Sangeeta, sold her land bearing Gata No. 248. It is further alleged that an RTGS transfer of 31,75,000/- was made into the account of Sangeeta Devi, and the ₹ remaining amount of 40,00,000/- was paid in cash to the other co- ₹ accused persons, including co-accused Sudheer Upadhyay, who has been granted bail vide order dated 29.05.2024, passed in Criminal Misc. Bail Application No. 5009 of 2024. It is also submitted that other co-accused persons, whose roles are almost similar to that of the applicant namely, Hariram Verma, Akash Kumar Gupta, Jai Prakash Pandey @ Bindu Pandey, Mohammad Alim, and Lalit Mohan Madanwal have been granted bail by this Court vide orders dated 14.03.2024, 14.03.2024, 18.03.2024, 28.03.2024, and 09.05.2024, passed in Criminal Misc. Bail Application Nos. 2896 of 2024, 2897 of 2024, 2710 of 2024, 2661 of
2024, and 3585 of 2024, respectively. The applicant seeks bail on the ground of parity. The applicant has disclosed his criminal history, consisting of eight cases, which has been explained in paragraph 14 of the bail application. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the fact that it is a case of parity. I have considered the arguments advanced by learned counsel for the parties as well as perused the record.
On due consideration of the facts that the applicant is not named in the FIR; his name has surfaced only in the confessional statement of a co- accused made in police custody; co-accused Sudheer Upadhyay and other similarly placed co-accused persons named above have already been granted bail; the applicant has no criminal history; he is languishing in jail since 07.05.2025 and without expressing any opinion on the merits of the case I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Bhagwan Das Pandey be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 to any police officer or tamper with the evidence. (iv) 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 of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the IPC (now Section 269 BNS).
(vi) In case, the applicant misuses the liberty of bail during trial and in
order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS)is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the IPC (now Section 209 BNS).
Order Date :- 11.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench