UMESH CHANDRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO.
BAIL/7397/2025 · 2025-08-08
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156975 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156975 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:46431 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7397 of 2025 Applicant :- Umesh Chandra Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. Counsel for Applicant :- Sheo Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Sheo Kumar Verma, learned counsel for the applicant, Sri Shikhar Srivastava, learned Additional Government Advocate 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. 258 of 2024, under Sections 419, 420, 467, 468 I.P.C., registered at Police Station Dhaneypur, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.09.2024 against three persons including the applicant in furtherance of an application under Section 156 (3) Cr.P.C. stating that Smt. Sitapati, mother of the applicant had died prior to 15.01.2014. Names of her heirs including the applicant had been recorded in the revenue records on the basis of succession and thereafter the applicant had sold away his share of the property of Sitapati inherited by him to the informant's father Ram Sanvare on 15.01.2014. Name of the informant's father was mutated in the revenue records and after his death name of the informant and his brother was mutated on the basis of inheritence and thereafter the informant and his brother sold away the property to Nageshwar Prasad Maurya Inter College. The name of the purchaser was also mutated. Thereafter, the applicant has got another forged death certificate of his mother prepared falsely showing the date of death of his mother Sitapati to be 06.11.2014. On the basis of the aforesaid death certificate the applicant has filed a suit against the informant which is pending consideration. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the investigation of the case is still going on. 6.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant has himself stated in the F.I.R. that a civil litigation is already pending between the parties regarding the same subject of which the F.I.R. has been lodged coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 19.06.2025 and without making any observation, which may affect the merits of the case, 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. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Umesh Chandra be released on bail in the aforesaid 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, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 8.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench