SHIVAM YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.
ABAIL/999/2025 · 2025-09-10
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163775 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163775 (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. - 999 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Ashish Kumar Singh, the learned counsel for the applicant as well as Smt. Shikha Sinha, the learned A.G.A.-I for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.10 of 2023, under Sections 419, 420, 467, 468, 471, 120-B, 204, 387, 506 I.P.C. and 7(A) of Prevention of Corruption Act, registered at Police Station S.I.T, District Lucknow Gramin. 3. The aforesaid case has been registered on the basis of F.I.R. lodged by an illiterate private individual on 15.02.2023 against 11 named persons, including the applicant and some unnamed officers and employees of Tehsil and Sub-Registrar Office, Gonda, stating that co-accused persons Brijesh Kumar Awasthi and Murli Dhar Awasthi are engaged in grabbing properties of persons in connivance with some employees of Tehsil office and the other accused persons, including the applicant, are members of his gang. The accused persons had forged a sale deed dated 23.08.2000 for grabbing the complainant's property. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person and he has been falsely implicated in the present case. The applicant's involvement in five other criminal cases has been disclosed in para 38 of the affidavit, in one of the cases, the applicant has been granted anticipatory bail. Versus Counsel for Applicant(s) : Ashish Kumar Singh, Surendra Kumar Singh Counsel for Opposite Party(s) : G.A. Shivam Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s)
5. The learned counsel for the applicant has submitted that all the cases are similar in nature and in all the cases, the applicant has been alleged to be member of a gang without assigning any specific role to him. 6. The learned A.G.A. has opposed the bail application and he has submitted that the investigation in the present case is still going on. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R does not level any specific allegation against the applicant and the applicant is neither the executor of the sale deed in the question nor has he witnessed the execution of the sale deed; that the F.I.R was lodged on 15.02.2023 and the investigation has not concluded even after expiry of more than 2 and 1/2 years; the applicant has been granted anticipatory bail in another case of similar nature, I am of the view that the applicant is entitled to be granted anticipatory bail in the present case also. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Shivam Yadav be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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 10, 2025 Preeti. ABAIL No. 999 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench