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2025 DAILYLAW 162078 (ALL)

HARISHCHANDRA @ LALU v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO.

BAIL/8846/2025 · 2025-09-16

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8846 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Aman Kumar Srivastava, Advocate holding brief of Shri Lakshmana Singh, learned counsel for the applicant, Shri Virendra Kumar, learned Additional Government Advocate-I for the State and Shri Prabhat Shukla, Advocate who has put in appearance on behalf of the informant and filed his vakalatnama, which is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 91 of 2025, under Sections 319(2), 318(4), 336(3), 340(2), 338, 352, 351(3), 3(5), 61(2) B.N.S., registered at Police Station Dhammaur, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.05.2025 against four persons including the applicant stating that the other co-accused persons had set up the applicant Lalu by projecting him as Harishchandra Kashyap son of Bhondu, whereas Bhondu had died issue- less. The accused persons got the property recorded on the basis of inheritance. 4. In the affidavit filed in support of bail application it has been stated that the applicant is an innocent person, having no criminal history and he has been falsely implicated in the present case. 5. It has been submitted on behalf of the applicant that a co-accused Gokul Prasad Dubey has filed Criminal Misc. Writ Petition No.7142 of 2025 and a Division Bench of this court has granted stay of his arrest by means of an Versus Counsel for Applicant(s) : Lakshmana Singh, Anand Pratap Singh Counsel for Opposite Party(s) : G.A. Harishchandra @ Lalu .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. .....Opposite Party(s) order dated 08.08.2025. Another co-accused Parashuram Jaiswal has been granted bail by means of an order dated 28.08.2025 passed by this Court in Crl. Misc. Bail Application No.8154 of 2025. 6. The learned Additional Government Advocate-I appearing on behalf of the State has opposed the prayer for bail and he has submitted that the investigation is still going on. The learned counsel for the informant has opposed the prayer for bail and he has submitted that the applicant is involved in commission of offence and he is not entitled to be enlarged on bail. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. alleges that the other three accused persons had set up the applicant for execution of the sale deed; co-accused Parashuram Jaiswal has been granted bail and co-accused Gokul Prasad Dubey has been granted stay of arrest by a Division Bench of this Court whereas the applicant is languishing in jail since 31.07.2025, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Harishchandra @ Lalu be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. September 16, 2025 S. Shivhare BAIL No. 8846 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench