BALRAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NABAIL/1150/2025 · 2025-09-04
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161920 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161920 (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 482 BNSS No. - 1150 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Vishnu Kumar Srivastava , the learned counsel appearing on behalf of the applicant as well as Sri Virendra Kumar, 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.178 of 2025 under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2)(a) of B.N.S. registered at Police Station- Kotwali Nagar, District- Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.07.2025 against four persons, including the applicant, stating that co-accused Ram Kewal S/o Shiv Narayan, is some person other than the complainant claiming to be having the same name and parentage and he executed a sale deed in respect of the complainant's land in favour of co-accused Anand Mishra. The applicant has been implicated because he had witnessed the execution of the sale deed. 5. In the affidavit filed in support of the anticipatory bail application it has been stated that the applicant is innocent and he has been falsely been implicated in the present case. 6. The applicant's involvement in 14 other cases has been disclosed in para-6 of the affidavit filed in support of the bail application, in 5 of which he has been granted bail and six cases relating to Section 110 (G) Cr.P.C. stands disposed of. The applicant was involved in 2 cases under the Gunda Act and those cases also stands closed upon expiry of the stipulated period. 6. The learned A.G.A. has opposed the prayer for bail and he has submitted that the investigation in the present case is still going on. Versus Counsel for Applicant(s) : Vishnu Kumar Srivastava, Dinesh Kr. Chaudhary Counsel for Opposite Party(s): G.A. Balram .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact t that the FIR has been lodged regarding execution of a sale deed by a co-accused persons in favour of another co-accused persons; the applicant has merely witnessed execution of the sale deed and he is neither the executant nor the beneficiary of the sale deed, 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 applicants is allowed. In the event of arrest/ appearance of applicant 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/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 4, 2025 -Amit K- NABAIL No. 1150 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench