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2025 DAILYLAW 160673 (ALL)

GIRISH KUMAR SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.

ABAIL/935/2025 · 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. - 935 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Bhanu Pratap Singh, the learned counsel appearing on behalf of the applicant as well as Sri Virendra Singh, the learned A.G.A.-I appearing on behalf of the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.1065 of 2023 under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C. registered at Police Station- Deva, District- Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.12.2023 against four persons, including the applicant, stating that after death of the informant's husband, his property was mutated in the names of his two sons- Sandeep Kumar and Viphal Kumar. The applicant induced and mislead the informant's son Sandeep Kumar in favour a co-accused Rajesh Kumar whereas Sandeep Kumar belongs to a Scheduled Caste and no permission for transfer of his land had been obtained by the Competent Authority. 4. In the affidavit filed in support of the anticipatory bail application it has been stated that the applicant is innocent having no criminal history and he has been falsely been implicated in the present case. 5. Learned counsel for the applicant has submitted that neither the executant of the sale deed nor any other person has filed any suit challenging validity of the sale deed. 6. The learned A.G.A.-I has opposed the prayer for bail and he has submitted that the investigation against the applicant is continuing whereas a charge-sheet has been submitted against a co-accused Rajesh Kumar. 7. Having considered the aforesaid facts and circumstances of the Versus Counsel for Applicant(s) : Bhanu Pratap Singh, Harsh Vardhan Singh Counsel for Opposite Party(s): G.A. Girish Kumar Singh .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s) case and keeping in view the fact that grievances raised through the FIR is against execution of a sale deed by the informant's son in favour of the co-accused Rajesh Kumar; the executant of the sale deed has neither lodged any FIR nor has he filed any suit challenging validity of the sale deed and that the applicant is neither the executant nor a beneficiary of the sale deed in question; that the applicant has no criminal history, 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 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 applicant shall make himself/herself 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. September 1, 2025 -Amit K- ABAIL No. 935 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench