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2025 DAILYLAW 163237 (ALL)

SURESH CHANDRA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

ABAIL/986/2025 · 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. - 986 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Manoj Kumar Misra, the learned counsel for the applicants as well as Sri S.P. Singh, learned State Counsel appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicants seeking anticipatory bail in F.I.R. bearing Case Crime No. 879 of 2023, under Sections 419, 420, 467, 468, 471, 120-B, 506 I.P.C., registered at Police Station Kotwali Nagar, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.10.2023 against ten named persons, including the applicants, who are real brothers, and unnamed employees of Sub-Registrar Office, Gonda, stating that the informant's father had died on 02.07.2003 but the accused persons got his forged will dated 02.07.2003 prepared and registered in favour of one Jamwanti and Anand Kumar. 4. In the affidavit filed in support of the anticipatory bail application it has been contended that the applicants are innocent, they have been falsely implicated in the present case and they have no criminal history. Another F.I.R was lodged on the same set of allegations on 06.10.2023 in which the applicants have already been granted anticipatory bail by means of an order dated 29.08.2025 passed by this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 940 of 2025. Versus Counsel for Applicant(s) : Manoj Kumar Misra Counsel for Opposite Party(s) : G.A. Suresh Chandra And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 5. The learned counsel for the applicant has submitted that two co- accused persons, namely, Sunita Devi- daughter-in-law of Jamwanti and Anand Kumar @ Annu, have been granted anticipatory bail by means of orders dated 03.10.2024 and 07.07.2025 passed by the Co-ordinate Benches of this Court in Criminal Misc. Anticipatory Bail Applications No. 2138 of 2024 and 577 of 2025, respectively. 6.The learned State Counsel has opposed the anticipatory bail application and he has submitted that the investigation against the applicants is still going on and charge sheet against the four co-accused persons has been submitted. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicants are neither the executant nor the beneficiary of the alleged will; the only allegation is that they were involved in conspiracy for commission of an offence without any allegation of they having received any benefit out of commission of an offence; that the applicants have no previous criminal history and two co- accused persons have already been granted anticipatory bail, I am of the view that the aforesaid facts are sufficient for making out a case for grant of anticipatory bail to the applicants. 8. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicants- Suresh Chandra, Kamlesh Kumar and Santosh Kumar before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory 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: (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; ABAIL No. 986 of 2025 2 (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 11, 2025 Pradeep/- ABAIL No. 986 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench