GANGASAGAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
ABAIL/793/2025 · 2025-07-18
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151805 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151805 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:41189 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 793 of 2025 Applicant :- Gangasagar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Himanshu Tiwari,Ankit Tripathi,Vijay Pathak Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present anticipatory bail application has been filed by the applicant apprehending his arrest in Case Crime No. 0553 of 2023 under sections- 419, 420, 467, 468, 471 and 120B of IPC P.S.- Kotwali Nagar District - Raebareli. Heard learned counsel for the applicant and learned A.G.A. for the State. Notice to respondent no. 4 is dispensed with in view of the proposed order. It is alleged in the prosecution case that the opposite parties, fraudulently executed a sale deed in respect of the land belonging to the informant's deceased grandmother, who was speech-impaired, by impersonating her through another woman before the Sub-Registrar on 31.03.2023.
Learned counsel for the applicant submits that the applicant is neither the seller nor the purchaser, nor was he a witness to the said sale deed. It is further submitted that the purchaser, Shitala @ Sheetla, has already been granted interim anticipatory bail vide order dated 25.06.2025 in Criminal Misc. Anticipatory Bail Application No. 707 of 2025. The applicant has no previous criminal history and is 61 years of age. The offences alleged are triable by a Magistrate. It is also stated that the applicant has cooperated with the investigation and undertakes
to cooperate in the trial proceedings. Learned A.G.A. has opposed the anticipatory bail application. Upon due consideration of the material available in the case diary, the applicant’s lack of criminal antecedents, the grant of interim anticipatory bail to the purchaser Shitala @ Sheetla, and the undertaking given on behalf of the applicant to cooperate with the trial proceedings, this Court is of the opinion that the applicant is entitled to be granted anticipatory bail, in view of the law laid down by the Hon’ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his full cooperation in the ongoing investigation. In view of the above, the accused-applicant is directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on anticipatory bail, subject to hie furnishing personal bonds and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the
facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicant shall not travel outside India without prior permission from the Court; (iii) The applicant shall not attempt to influence or intimidate any prosecution witness; (iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.
It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed.
Order Date :- 18.7.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench