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2025 DAILYLAW 162695 (ALL)

JANNATUNNISHA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/8435/2025 · 2025-09-09

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8435 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Naveen Kumar Pandey, learned counsel for the applicant, Shri Virendra Kumar, learned A.G.A.-I for the State, Ganesh Nath Mishra, learned counsel for the complainant and perused the records. 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), 316(2), 351(2), 61(2), 338, 336(3), 340(2) BNS, registered at Police Station Dhaneypur, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.04.2025 against the applicant and her husband Mohd. Rafeek stating that the complainant had purchased a plot of land from the applicant's husband co-accused Mohd. Rafeek for the sale consideration of Rs.6,00,000/- which was paid in cash but thereafter, the accused persons restrained the complainant from ploughing the land stating that the land had already been sold by the applicant's husband in her favour on 15.03.2021. When the complainant demanded refund of the sale consideration, the accused persons neither refunded the sale consideration nor gave her the land. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case. It has further been stated in the affidavit that the applicant has filed a suit for cancellation of the sale deed dated 15.04.2021 executed in favour of the complainant stating that no sale consideration was paid for the execution of the sale deed and the sale deed is void. 5. The applicant's involvement in 4 other criminal cases has been disclosed in para 24 of the affidavit, in 3 of which the applicant has been granted bail Versus Counsel for Applicant(s) : Naveen Kumar Pandey Counsel for Opposite Party(s) : G.A. Jannatunnisha .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) and one case stands close on the basis of compromise. 6. Learned A.G.A.-I has opposed the bail application and he has submitted that the allegations have been established during the investigation and a charge sheet has been submitted on 29.06.2025. 7. Learned counsel for the complainant has also opposed the bail application and he has submitted that the accused persons have duped the complainant of Rs.6,00,000/-. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the sale deed executed in favour of the complainant does not disclose any particulars of payment of sale consideration and merely states that the sale consideration has been paid in cash on various dates; that the dispute for cancellation of the sale deed is pending and the investigation of the matter already stands concluded, 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant - Jannatunnisha be released on bail in the aforementioned 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. September 9, 2025 S. Shivhare BAIL No. 8435 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench