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2025 DAILYLAW 153717 (ALL)

SHAILENDRA KUMAR v. STATE OF UP THRU. PRIN. SECY. HOME LKO.

NABAIL/922/2025 · 2025-07-28

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43359 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 922 of 2025 Applicant :- Shailendra Kumar Opposite Party :- State Of Up Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Nagendra Singh,Kuldeep 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 present bail application has been filed by accused-applicant seeking anticipatory bail in Case Crime No.0099/2025, under Sections 319(2), 318(4), 338, 336(2), 340(2), 324(2), 351(2), 61(2) of BNS, P.S. Bijnore, District Lucknow. In the prosecution case it is alleged that accused persons have sold the land of Yogita Devi by impersonating Malti Patel in her place. Learned counsel for the applicant submits that offences are triable by magistrate, applicant has no previous criminal history and the applicant is not the beneficiary. Applicant has no concern or any knowledge regarding the fact of impersonation. The case of the applicant is distinct from the case of seller, purchaser and the impersonator. The applicant is only marginal witness in the case. Learned A.G.A. has opposed the prayer made by learned counsel for the applicant submitting that the investigation is going on. Learned counsel for the applicant further submits that he will cooperate in the investigation. Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, coupled with the undertaking given by the applicant that he will cooperate in the investigation as also the fact that applicant is marginal witness, offences are triable by magistrate and the case of the applicant is distinct from the co- accused persons, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. In view of the above, it is provided that the applicant- Shailendra Kumar shall report to the Investigating Officer within twenty days from today who shall be 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:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. The application stands allowed. Order Date :- 28.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench