SMT. CHANDRAWATI AND 2 OTHERS v. STATE OF U.P. THRU. THE ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER
/974/2025 · 2025-09-12
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162792 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162792 (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 438 CR.P.C. No. - 974 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Kaustubh Singh, the learned counsel for the applicants, Sri Abhay Kumar Singh, the learned A.G.A. for the State and perused the record. Supplementary affidavit filed by the learned counsel for the applicants is taken on record.
2. The instant application has been filed by the applicants seeking anticipatory bail in Case Crime No. 53 of 2015, under Sections 419, 420, 467, 468, 471, 323, 504, 506 I.P.C., registered at Police Station Haidergarh, District Barabanki.
3. The aforesaid case has been registered on the basis of F.I.R. lodged on 11.03.2015 against four persons, including the applicants, stating that the informant had purchased some agricultural land from the Chandrawati (the applicant no.1), Pramod Kumar (the applicant no.2) and Rajendra Kumar Verma through a sale deed dated 14.03.2014. Later on, when the informant went to take possession of the land, it transpired that the area of the land available on the spot was lesser than the area shown in the sale deed. Thereafter, the Lekhpal told that the land in question was recorded in the name of some other persons and the khatauni shown by the accused persons was forged. The informant demanded refund of the sale
consideration and when the applicant denied to give refund, he has filed the F.I.R.
4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicants are innocent person and they have been falsely implicated in the present case.
5. The learned A.G.A has pointed out involvement of the applicant nos. 1 Versus Counsel for Applicant(s) : Kaustubh Singh, Dinesh Chandra Yadav Counsel for Opposite Party(s) : G.A. Smt. Chandrawati And 2 Others .....Applicant(s) State Of U.P. Thru. The Addl. Chief Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
and 3 in another criminal case and that the involvement of applicant no.2 in seven other criminal cases.
6. A supplementary affidavit has been filed by the applicants stating that the applicant no.1 and 3 are involved in the instant case only and the other case is wrongly been mentioned by giving a wrong case crime, whereas infact it relates to the instant case. The seven criminal cases shown against the applicant no.2 are related to some other person having identical name and parentage with the applicant no.2 but address of the accused person in that case is different.
7. The informant/complainant has already filed Regular Suit no. 27 of 2015 in the Court of Civil Judge (Junior Division) Court No. 24, Haidergarh, District Barabanki, for cancellation of the sale deed.
8. The learned A.G.A. has opposed the anticipatory bail application and he has submitted that the allegations have been established during investigation and the charge-sheet has been submitted on 17.05.2015.
9. The learned counsel for the applicant has submitted that a co-accused person Rajendra Kumar Verma has been granted bail by means of an
order dated 27.08.2025 passed by this Court in Criminal Misc. Bail Application No. 8070 of 2025.
10. Earlier the applicant had filed an application under Section 482 No. 157 of 2017 and his arrest was stayed by means of an order dated
06.03.2017. After the application under Section 482 Cr.P.C is disposed of by means of an order dated 02.01.2020, the applicant filed an application seeking discharge, which has been rejected. Thereafter, the applicant was taken into custody and he is languishing in jail since 17.07.2025.
11. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the investigation already stands concluded, the complainant has already filed a suit for cancellation of the sale deed in question and a co-accused has already been granted bail, I am of the view that the applicants are entitled to be granted anticipatory bail in the present case also.
12. Accordingly, the anticipatory bail application stands allowed.
13. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicant- Smt. Chandrawati, Pramod Kumar and Rampher Verma before the learned Trial Court in the aforesaid case crime, they shall be released on bail on furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of Court concerned on the following conditions and subject to any other conditions that may be fixed by the ABAIL No. 974 of 2025 2
Trial Court: (i). that the applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicants 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 applicants shall not leave India without the previous permission of the court. (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicants shall not pressurize/ intimidate the prosecution witness. September 12, 2025 Preeti.
ABAIL No. 974 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench