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2025 DAILYLAW 160072 (ALL)

AMARJEET KORI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND ANOTHER

ABAIL/931/2025 · 2025-09-01

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 931 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Ms. Prashansha Singh, the learned counsel for applicant and Shri Avishesh Kumar Singh, the learned AGA appearing on behalf of State. In view of the order being passed, notice to opposite party no.2 stands dispensed with. 2. This first anticipatory bail application has been filed with regard to Case Crime No. 469 of 2020 under Sections 419, 420, 467, 468, 471 & 120-B IPC, Police Station Kotwali Nagar, District Faizabad/Ayodhya. 3. As per contents of First Information Report, allegation levelled is of a vehicle which was under hire purchase agreement, being sold on the basis of fabricated No Objection Certificate. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. Although in para-6 of the affidavit it has been stated that the applicant has no criminal history, in para- 16 of the same affidavit, it has been stated that the applicant is involved in two other criminal cases, in one of which the applicant has not been issued any notice or summons and in the other case, the applicant has been released on bail. Versus Counsel for Applicant(s) : Amit Kumar Singh, Prashansa Singh Counsel for Opposite Party(s): G.A. Amarjeet Kori .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another .....Opposite Party(s) 5. The learned counsel for the applicant stated that the aforesaid discrepancy has occurred because of a cut-paste error. 6. It is submitted that applicant has been falsely implicated in charges levelled against him which would be evident from a perusal of the First Information Report itself in which applicant is indicated only as subsequent purchaser. It is submitted that there is no allegation levelled against applicant of having prepared or submitted any forged document for purposes of registration of vehicle in his name. It is submitted that previous criminal history of applicant has already been explained. 7. Co-accused Ramkaran has been granted anticipatory bail in the present case by means of an order dated 08.05.2025 passed by a Co-ordinate Bench of this Court in Crl. Misc. Anticipatory Bail Application u/S 438 Cr.P.C. No.2819 of 2024. 8. Learned AGA appearing on behalf of State has opposed bail application with the submission that applicant is clearly complicit in the allegations levelled against him. It is, however, admitted that previous criminal history has been explained and investigation is still ongoing. 9. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that the only allegation levelled against applicant is of being complicit in the entire aspect, being the subsequent purchaser. There does not appear to be any specific allegation levelled against applicant of being instrumental in forgery of the No Objection Certificate. It is admitted that investigation in the matter is still ongoing. 10. Without expressing any opinion on the merits of the case, I am of the opinion that the that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98. ABAIL No. 931 of 2025 2 11. In view of the above, it is provided that in the event of arrest, the applicant- Amarjeet Kori shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this protection. 12. The application stands allowed. September 1, 2025 -Amit K- ABAIL No. 931 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench