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2025 DAILYLAW 157859 (ALL)

KURBAN ALI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/1035/2025 · 2025-08-14

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47768 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1035 of 2025 Applicant :- Kurban Ali And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Vaibhav Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Vaibhav Srivastava, learned counsel for the applicants and Shri S.P. Singh, learned State counsel. 2. The instant application has been filed by the applicants seeking anticipatory bail in F.I.R./Case Crime No.0260 of 2025, under Sections 419, 420, 467, 468, 471 I.P.C. registered at Police Station- Kotwali Ayodhya, District- Ayodhya. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.05.2025 against six persons including the applicants, stating that the applicants had sold the informant's land to co-accused Shanti Devi and they had got the sale deed executed in her favour by setting up some impostor in place of informant's brother who had already died. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicants are innocent persons and they have been falsely implicated in the present case and they have no criminal history. 5. Learned counsel for the applicant has submitted that Hari Shankar Mishra and other co-accused persons have filed petitions challenging the the validity of the F.I.R. and the Division Bench of this Court has stayed their arrest by means of interim orders passed in the writ petitions. 6. Learned counsel for the applicants has further submitted that except the allegation that the applicants have forged documents, rest of the allegations make out commission of offences which are punishable for imprisonment up to 7 years in jail. 7. The learned A.G.A. has opposed the prayer for bail and he has submitted that the investigation is still going on in the case. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view of the fact that the applicants are neither the executor nor the beneficiary of the sale deed in question; that the applicants have no previous criminal history and that the Division Bench of this Court had passed interim orders staying the arrest of other co-accused persons, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicants. 9. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicants before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their 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 applicants shall make himself/herself available for interrogation by a police officer as and when required; (ii) that the applicants 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 applicants shall not leave India without the previous permission of the court. (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicants shall not pressurize/ intimidate the prosecution witness. Order Date :- 14.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench