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2025 DAILYLAW 164142 (ALL)

SUDHIR SINGH v. STATE OF U.P. THRU. PRIN. SECY./ ADDL. CHIEF SECY. HOME LKO AND ANOTHER

NABAIL/1235/2025 · 2025-09-17

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1235 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Umesh Singh , learned counsel for the applicant, Sri Ashok Kumar Srivastava, learned A.G.A. 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.0191 of 2025, under Section 409 I.P.C., registered at Police Station Gosaiganj, District Lucknow South (Commissionerate Lucknow) 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.04.2025, stating that the complainant had entered into an agreement to purchase a plot of land from Vasundhara Lotus Infratech Pvt. Ltd., of which the applicant is the proprietor and had transferred 25 percent of the sale consideration amount but neither a sale deed was executed in his favour nor was his money refunded. 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 and he has no criminal history. 5. The applicant's involvement in 26 other criminal cases has been disclosed in para 19 of the affidavit filed in support of the anticipatory bail application, in 19 of which, the Investigating Officer has submitted a Versus Counsel for Applicant(s) : Umesh Singh Counsel for Opposite Party(s) : G.A. Sudhir Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy./ Addl. Chief Secy. Home Lko And Another .....Opposite Party(s) closure report and one case stands closed on the basis of compromise. 6. The learned counsel for the applicant has submitted that all the aforesaid 26 criminal cases are similar in nature. 7. The learned A.G.A. has opposed the anticipatory bail application and he has submitted that the investigation in the present case is still going on. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that even as per the F.I.R averments, the informant had entered into an agreement to purchase immovable property in the year 2018-19; there is no averment of execution of any registered agreement; the F.I.R has been filed when the complainant was aggrieved by the non refund of the money and it has appears that no civil proceedings for recovery of amount have been instituted; that the applicant is involved in various other cases of similar nature, in 19 of which closure report has been filed and the applicant has undertaken to cooperate with the investigation, 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- Sudhir Singh before the learned Trial Court in the aforesaid case crime, he shall be released on 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 NABAIL No. 1235 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 17, 2025 Preeti NABAIL No. 1235 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench