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2025 DAILYLAW 164687 (ALL)

DURGA VATI SINGH (IN AADHAAR DURGA VATI) v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/1265/2025 · 2025-09-23

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1265 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.748 of 2024 under sections 406, 506, 420 I.P.C., P.S. Kotwali Nagar, district Sultanpur. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.It is alleged in the prosecution case that the accused persons have taken Rs.8 lacs for registering a plot from the applicant, however, after paying the sale consideration amount, sale deed was not executed. The informant demanded her money back. Thus, three cheques pertaining to the account of Ranveer Singh Rajput, co-accused were given. It is alleged that the first cheque was deposited by her in her bank which was returned back by the bank with the endorsement of its being bounced and payment from the account has been stopped by the accused. 4.Learned counsel for the applicant submits that the statement of the complainant under section 161 CrPC has been recorded. The first information report has been registered after a delay of more than two years without any explanation. As per statement of the Manager of Barauda U.P. Gramin Bank, Dariyapur branch, Sultanpur, Ranveer Singh Rajput has received the sale consideration of Rs.3 lacs and Rs.2 lacs on two dates. There is no specific allegation against the applicant. Charge sheet has been filed. The applicant is a lady aged about 70 years. It is Versus Counsel for Applicant(s) : Ramakar Shukla Counsel for Opposite Party(s) : G.A. Durga Vati Singh (In Aadhaar Durga Vati) .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) submitted that no useful purpose will be served in sending the accused applicant behind bar. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 4A. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 5.Considering the above aspects of the matter, perusal of the record, the first information report has been filed after more than two years of the incident, charge sheet has been filed, the applicant has cooperated in the investigation, judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 6. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. 7. In case of default, it would be open for the trial court to proceed in accordance with law. 8. The application is allowed accordingly. September 23, 2025 kkb/ NABAIL No. 1265 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench