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2025 DAILYLAW 158422 (ALL)

KRIPARAM v. STATE OF U.P. THRU. PRIN. SECY. LKO.

BAIL/7776/2025 · 2025-08-20

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48790 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7776 of 2025 Applicant :- Kriparam Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. Counsel for Applicant :- Pankaj Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Pankaj Kumar Shukla, 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.447of 2024, under Sections 318(4), 338, 336(3) B.N.S., registered at Police Station Wazeerganj, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by brother-in-law of the applicant on 16.01.2024 against six persons, including the applicant, his mother, 2 daughters and 2 other persons, in furtherance of an application under Section 173(4) BNSS, stating that the applicant's mother i.e. co-accused Smt. Poonam was unwell, the complainant and his wife took good care of her and, therefore, she executed a gift deed dated 23.12.2023 in favour of the complainant in respect of 0.1434 hectare land. Upon coming to know about the said gift deed, on 02.01.2024, the accused persons got another gift deed executed by Smt. Poonam and got their name mutated in the revenue records. 4. In the affidavit filed in support of the 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. Learned A.G.A. has opposed the bail application and she has submitted that allegations have been established during the investigation and a charge sheet has been submitted on 28.06.2025. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the parties belong to one family and there is a dispute of property between them; that the applicant has no criminal history and is languishing in jail since 21.06.2025 and the investigation already stands concluded, 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- 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 :- 20.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench