RAM NATH LODH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
/7292/2025 · 2025-08-06
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154583 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154583 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45949 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7292 of 2025 Applicant :- Ram Nath Lodh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Pankaj Kumar Singh,Mukesh Kumar Tewari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Mukesh Kumar Tiwari, learned counsel for the applicant, Smt. Shikha Sinha, learned A.G.A.-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.146 of 2025, under Sections 318(4), 338, 336(3), 340(2) of BNS, registered at Police Station Colonelganj, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.05.2025, against the applicant and another person namely Abdul Mutallib, stating that Abdul Mutallib has obtained a sale deed in respect of land Gata No.665 Minjumla measuring 1.068 hectare which is recorded in Category 5 as submerged Non ZA pond land. 4. Although the sale deed was executed by the applicant on 22.10.2021, which is said to be registered in his name, the applicant continued to deposit land revenue till the year
23.07.2023. The copy of the revenue receipt is annexed with the application. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and illiterate person,
aged about 75 years, and he has been falsely implicated in the present case and he has no criminal history. 6. Learned counsel for the applicant has submitted that co- accused Abdul Mutallib had got the sale deed executed by the applicant without the applicant understanding the nature of the contents of the documents. 7. Learned A.G.A.-I has vehemently opposed the bail application and she has submitted that the applicant has executed sale deed in respect of minjumla land which is a serious offence and the investigation is still going on. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the sale deed in question was executed in the year 2021 and no action was taken in this regard till filing of the F.I.R. i.e. on 10.05.2025 and in support of the sale deed, the applicant continued to deposit land revenue till the year 2023, which prima facie fortifies the applicant's contention that he was not aware of the execution of the sale deed and that the applicant is a 75 years old person and he is in languishing in jail since 22.06.2025, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Ram Nath Lodh be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial Court. Order Date :- 6.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench