AKHILESH KUMAR SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
ABAIL/811/2025 · 2025-09-10
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153428 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153428 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 811 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Chandra Bhushan, Advocate holding brief of Sri Rajesh Kumar Awasthi, the learned counsel for the applicant as well as Sri Mayank Sinha, the learned Additional Government Advocate appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.483 of 2022, under Sections 420, 467, 468, 471, 120-B I.P.C., registered at Police Station Karnailganj, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.10.2022 against six persons, including the applicant stating that a sale deed was got executed by the complainant's husband on 18.06.2022 in favour of co-accused Prayag Dutt without payment of any sale consideration. The applicant had drafted the deed. 4. In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent and he has falsely been implicated in the present case. The applicant's involvement in two other criminal cases has been disclosed in para 3 of the supplementary affidavit in one of which he has not been summoned as yet and in other case the application for discharge of the applicant is pending. It has also been submitted on behalf of the applicant that the beneficiary of the sale deed Versus Counsel for Applicant(s) : Rajesh Kumar Awasthi, Vijay Pratap Singh Counsel for Opposite Party(s) : G.A. Akhilesh Kumar Srivastava .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
Prayag Dutt, other co-accused persons Hasan Raza, Raghoram and Ghanshyam have already been granted anticipatory bail in the present case. 5. The learned A.G.A. has opposed the prayer for anticipatory bail and he has submitted that investigation of the case is still going on against the applicant and another co-accused person, whereas the charge sheet has been submitted in respect of other accused persons. 6.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the beneficiary of the sale deed has already been granted anticipatory bail, whereas the applicant was merely a deed writer and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 7. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Akhilesh Kumar Srivastav before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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; (iii) that the applicant shall not leave India without the previous permission of the court' (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. September 10, 2025 Ram. ABAIL No. 811 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench