VINAY KUMAR MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
ABAIL/936/2025 · 2025-08-29
Subhash Vidyarthi
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 160610 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160610 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 936 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Smt. Manjusha Kapil, learned counsel for the applicant, Sri Prashant Tripathi, learned A.G.A. appearing on behalf of the State and perused the record. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.334 of 2014, under Sections 420, 406, 467, 468, 506 I.P.C. , registered at Police Station Kotwali Nagar, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.06.2014 against five persons, including the applicant, stating that the informant had entered into an agreement to purchase some land from co-accused Sanad Kumar but thereafter, Sanad Kumar executed a sale deed in respect of the land in favour of the applicant. 4. In the affidavit filed in support of the anticipatory 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 A.G.A. has opposed the anticipatory bail application and he has submitted that the applicant has approached this Court seeking anticipatory bail 12 years after lodging of the F.I.R, which prima facie indicates that he has not cooperated with the investigation. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the allegation levelled in the F.I.R ,which is that after having entered into an agreement to sell some property to the informant, co-accused Sanad Kumar had sold away the property to the applicant, which merely indicates a breach of agreement by co-accused Sanad Kumar and prima facie no criminality can be attributed to the applicant, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. Versus Counsel for Applicant(s) : Manjusha Kapil Counsel for Opposite Party(s) : G.A. Vinay Kumar Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
7. In view of the above, the anticipatory bail application of the applicant is allowed.
In the event of arrest/ appearance of applicant- Vinay Kumar Mishra 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. August 29, 2025 Preeti. ABAIL No. 936 of 2025 2 (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 Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench