RAM SHANKAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/7065/2025 · 2025-07-31
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155072 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155072 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:44465 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7065 of 2025 Applicant :- Ram Shankar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Ashish Kumar Singh,Dileep Singh 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 accused-applicant seeks bail in Case Crime No. 36 of 2022, under Sections 419, 420, 467, 468, 471 of the Indian Penal Code, Police Station SIT, District Lucknow Gramin. In the prosecution case, it is alleged that the father of the complainant died on 18.10.2002. It is stated that he had not executed any sale deed dated 10.12.1989 in favour of Ramshankar, nor was any such sale deed registered. It is alleged that a forged sale deed was prepared in the name of the complainant’s father by fabricating his thumb impression and signatures, and the same was registered in the office of the Sub-Registrar, Gonda. It is further alleged that the Sub-Registrar and his staff actively participated in the said forgery.
Learned counsel for the applicant submits that the applicant is aged about 73 years and has no criminal antecedents. The alleged offence is triable by a Magistrate. It is further submitted that the incident is said to have occurred on 10.12.1989, but the FIR was lodged after an inordinate delay of 33 years i.e. on 07.12.2022. Learned A.G.A. has opposed the bail prayer and submitted that the investigation is still ongoing. I have considered the submissions advanced by learned counsel for the parties and perused the material on record.
On due consideration to the inordinate delay in lodging the FIR, the fact that the applicant has no criminal antecedents, the offence is triable by a Magistrate, and the applicant is in jail since 08.07.2025, and without expressing any opinion on the merits of the case, I am of the view that it is a fit case for granting bail. Accordingly, the bail application is allowed. Let the applicant Ram Shankar be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the IPC (now Section 269 BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS)is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then,
the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the IPC (now Section 209 BNS).
Order Date :- 31.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench