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2025 DAILYLAW 159207 (ALL)

SHYAMLAL v. THE STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/1066/2025 · 2025-08-25

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49750 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1066 of 2025 Applicant :- Shyamlal Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Dhananjai Kumar Tripathi,Devendra Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dhananjai Kumar Tripathi, the learned counsel for the applicant as well as Sri Manish Kumar Pandey, learned A.G.A. 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. 640 of 2024 under Sections 406, 419, 420, 467, 468, 471 of I.P.C., registered at Police Station Madiyaon, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by an Official of a Finance Company on 19.10.2024 against five persons, including the applicant, stating that the complainant's company had granted a loan to co- accused persons- Shri Krishna and his wife, Madhuri Devi, for purchasing a plot of land measuring 1000 square feet. Co- accused Sanjay Srivastava, the seller, had verified his title at the time of verification by the Company's officials prior to disbursement of the loan. Later, the borrower committed default in repayment of the loan and the bank had taken possession of the property under proceedings in the SARFAESI Act, 2002, in furtherance of an order dated 22.07.2023. Subsequently, another person claimed title in respect of the property and the finance company had to handover possession of the property to the claimant. 4. The learned counsel for the applicant has submitted that the applicant had merely witnessed the execution of the loan agreement and, therefore, he has been made an accused in the present case. 5. In the affidavit filed in support of the anticipatory bail application it has been contended that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history. 6.The learned A.G.A has opposed the anticipatory bail application and he has submitted that the investigation of the present case is still going on. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the housing loan was granted in the year 2019; besides witnessing execution of the loan agreement, there is no other allegation against the applicant 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. 8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Shyamlal 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 themselves 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 :- 25.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench