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2025 DAILYLAW 163043 (ALL)

AJENDRA SONKER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER

ABAIL/982/2025 · 2025-09-11

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 982 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Karunesh Singh, learned counsel for the applicant, Sri Mohd. Asif Khan, learned A.G.A.-I appearing on behalf of the State and perused the record. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.469 of 2022, under Sections 420, 467, 468, 471 I.P.C. and 2/3 of Prevention of Damage Public Property Act, registered at Police Station Kotwali, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Lekhpal on 19.09.2022, stating that the applicant had executed two sale deeds in favour of Smt. Ramshree and Smt. Sangeeta Devii in the year 2007 and in the year 2004, in respect of land bearing Gata No. 45, which is recorded as chakmarg. 4. 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 implicated in the present case. The applicant's involvement in two other criminal cases has been disclosed in para 33 of the affidavit, in both of which, he has been granted bail. 5. It has been stated in para 20 of the affidavit filed in support of the Versus Counsel for Applicant(s) : Karunesh Singh, Vijay Pratap Singh Counsel for Opposite Party(s) : G.A. Ajendra Sonker .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another .....Opposite Party(s) anticipatory bail application that Gata No. 45 was mentioned in the sale deed due to a typographical error whereas the applicant had infact sold his land bearing Gate No. 43. 6. The learned counsel for the applicant has submitted that possession of land bearing Gate No. 45 was not delivered to the purchasers and the F.I.R does not allege that any illegal encroachment of land bearing Gata No. 45 had been made or the applicant had handed over possession of any part of the chuk road. 7. The learned A.G.A. has opposed the anticipatory bail application and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 30.12.2022. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the aforesaid submissions of the learned counsel for the applicant, coupled with the fact that the applicant was not arrested during investigation which already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 9. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Ajendra Sonker 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 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 themselves 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 ABAIL No. 982 of 2025 2 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 Preeti. ABAIL No. 982 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench