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2025 DAILYLAW 161039 (ALL)

VIKAS SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/1131/2025 · 2025-08-29

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1131 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Ashish Kumar, the learned counsel for the applicant as well as Sri Nagarjun Pandey, the learned counsel for 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.59 of 2025, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., registered at Police Station Mohanlalganj, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.02.2025 against five persons, including the applicant stating that a sale deed in respect of the informant's land had been executed on 16.04.2024 by setting up some imposter in favour of the applicant Vikas Singh. 4. In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent, he has no criminal history and he has falsely been implicated in the present case. 5. The learned counsel for the applicant has submitted that a suit for cancellation of sale deed in question bearing Regular Suit No.3212 of 2024 has already been filed in the Court of learned Civil Judge Hawali (J.D.) Lucknow. 6. The learned counsel for the State has opposed the prayer for bail and he has submitted that the investigation of the case is still going on. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant claims to be a bona fide purchaser and he is not the executant of the sale deed; that a civil suit for cancellation Versus Counsel for Applicant(s) : Ashish Kumar, Hemant Kumar Pandey Counsel for Opposite Party(s) : G.A. Vikas Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) of sale deed has already been filed coupled with the fact that the applicant has no criminal history 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-Vikas Singh 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 himself 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 Ram. NABAIL No. 1131 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench