JAY PRAKASH MISHRA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER
NABAIL/1201/2025 · 2025-09-11
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162543 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162543 (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. - 1201 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Pradeep Kumar Shukla, the learned counsel for the applicant as well as Sri Ashok Kumar Srivastava, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No. 291 of 2024, under Sections 419, 420, 467, 468, 471, 120-B, 195, 196, 197, 198, 504, 506 I.P.C., registered at Police Station Umribegamganj, District Gonda. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 05.11.2024 against 13 persons, including the applicant, stating that the named co-accused Arjun Singh had prepared a forged will of Bhagauti Singh, who was the matrimonial uncle of complainant's wife Smt. Jhinka Devi. Bhagauti Singh had died on 18.05.1979 but Arjun Singh prepared a forged will on 30.01.1982, which was cancelled by Tehsildar Tarabganj. Yet, Arjun Singh stealthily got the land of Bhagauti Singh mutated in his name in the year 1993 regarding which some litigation was instituted. 4. During pendency of those proceedings, a sale deed in respect of the disputed land was executed on 19.12.1996 and again on
19.01.2007. 5. A Consolidation Court passed an order in favour of Arjun Singh on 19.11.2015 but that order was set aside by the Settlement Officer of Versus Counsel for Applicant(s) : Pradeep Kumar Shukla Counsel for Opposite Party(s) : G.A. Jay Prakash Mishra And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s)
Consolidation on 04.04.2018 and the matter was remanded. 6. The F.I.R contains very long narrations of subsequent events regarding litigation between the parties, from which it appears that essentially the dispute between the parties is of civil nature regarding which litigations are already pending before the Competent Court. 7. In the affidavit filed in support of the bail application, it has been stated that the applicants have no criminal history and they have been falsely implicated in the present case. 8. The learned counsel for the applicants has submitted that co- accused persons Arjun Singh, Jitendra Singh and Hausla Prasad have filed a Criminal Misc.
Writ Petition No. 7108 of 2025 challenging the validity of an F.I.R and by means of an interim order dated 11.08.2025, this Court has restrained any coercive steps being taken against them. 9. A co-accused Sundar Singh has been granted bail in the present case by means of an order dated 03.09.2025 passed by this court in Crl. Misc. Bail Application No.8214 of 2025. 10. The learned A.G.A. has opposed the anticipatory bail application and he has submitted that the investigation in the present case is still going on. 11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that mainly the F.I.R contains allegations against co-accused Arjun Singh and Arjun Singh and two other accused persons have already been granted interim order restraining coercive steps being taken against them and that the applicants have no criminal history, I am of the view that the aforesaid
facts are sufficient for making out a case for grant of anticipatory bail.
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, they shall be released on 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 :
NABAIL No. 1201 of 2025 2
(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 11, 2025 -Amit K- NABAIL No. 1201 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench