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2025 DAILYLAW 156538 (ALL)

LAL MOHAMMAD v. STATE OF U.P. THRU. SECY. HOME LKO. AND 2 OTHERS

ABAIL/866/2025 · 2025-08-07

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45994 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 866 of 2025 Applicant :- Lal Mohammad Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 2 Others Counsel for Applicant :- Narendra Gupta Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Narendra Gupta, the learned counsel for the applicant as well as Sri Mohd. Asif Khan, 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.48 of 2024, under Sections 419, 420, 468, 471, 467 I.P.C., registered at Police Station Mahmoodabad, District . 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.02.2024 against three persons including the applicant in furtherance of an application under Section 156 (3) Cr.P.C. stating that the accused persons have sold away the land belonging to one Wasi Raza by setting up some imposter and the allegation against the applicant is that he is son in law of the co-accused Shakil and he has accompanied the aforesaid co- accused when he had gone to the bank for encashing the cheque. 4. In the affidavit filed in support of the anticipatory bail- application it has been contended that the applicant is innocent, he has no criminal history and he has falsely been implicated in the present case. 5. The learned A.G.A. has opposed the prayer for bail and he has stated that the investigation of the case is going on. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the only allegation levelled against the applicant is that he had accompanied his father in law when he had gone to the bank and there is no other allegation against the applicant coupled with the fact that the applicant has no criminal history and he has undertaken to cooperate with the investigation and trial 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-Lal Mohammad 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. . (Subhash Vidyarthi, J.) Order Date :- 7.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench