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2025 DAILYLAW 153502 (ALL)

AMRESH KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

NABAIL/913/2025 · 2025-07-25

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43057 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 913 of 2025 Applicant :- Amresh Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Praveen Tripathi,Sudha Pal 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. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in case crime/FIR No. 60 of 2025, under Sections 3(5), 319(2), 318(4), 338, 336(3), 340(2) of B.N.S., P.S.- Satrikh, District- Barabanki. In the prosecution case, it is alleged that the accused by impersonating Ram Pratap, S/o- Dorial got forged sale deeds executed and in lieu thereof, he has taken Rs. 60 lakhs from the purchaser in his bank account and in cash. However, the son of Ram Pratap has informed the purchaser that his father has not sold his land. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. He is a retired Kanungo aged about 64 years. Learned counsel further submits that the applicant has no previous criminal history. He has fully cooperated in the investigation. Charge-sheet in the case has been filed. The applicant undertakes to cooperate in the trial. Learned A.G.A. has opposed the anticipatory bail application and submitted that the applicant has an active role in the alleged transaction. Perused the record. On due consideration to the submissions advanced, old age of the applicant and the fact that the offences are triable by a Magistrate; the applicant has no previous criminal history; charge-sheet in the case has been filed and the undertaking given by the applicant to cooperate in the trial, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of the judgment of the Hon'ble Supreme Court in re: Musheer Alam vs. State of U.P. and another, decided on 17.01.2025 vide S.L.P. (Crl.) No. 18081 of 2024. In view of the above, the applicant- Amresh Kumar 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 his 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 him 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 anticipatory 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 anticipatory 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 anticipatory bail application is allowed. Order Date :- 25.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench