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2025 DAILYLAW 165796 (ALL)

RAJESH KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME U.P. LKO. AND ANOTHER

ABAIL/1053/2025 · 2025-09-19

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. - 1053 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Mohd. Waris Farooqui, learned counsel appearing on behalf of the applicant as well as Smt. Kamlesh Kumari, the learned A.G.A. appearing on behalf of the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.673 of 2015, under Sections 419, 420, 467, 468, 471, 149, 323, 504, 506 I.P.C., registered at Police Station- Kotwali Nagar, District- Balrampur. 3. The aforesaid case has been registered on the basis of a complaint lodged by the opposite party No.2 against six persons, including the applicant, stating that co-accused Kusum Kumari wrongly projected herself as the widow of the complainant's deceased father and executed a sale deed in respect of his property in favour of co-accused Smt. Gudiya Devi. The applicant had witnessed the execution of the sale deed. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is a 62 years old innocent person, having no criminal history and he has been falsely been implicated in the present case. 5. Co-accused Khudabaks, who had also witnessed the execution of the sale deed, has been granted interim anticipatory bail by means of an order dated 27.05.2025 passed in Crl. Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.586 of 2025 which has been confirmed by means of an order dated 15.09.2025. Versus Counsel for Applicant(s) : Mohd. Waris Farooqui Counsel for Opposite Party(s) : G.A. Rajesh Kumar .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And Another .....Opposite Party(s) 6. The learned A.G.A. has opposed the prayer for bail. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the co-accused Khudabaks, who has similar role, has been granted anticipatory bail application and another co-accused Santosh Kumar Patwa has also been granted anticipatory bail by means of an order dated 24.06.2025 passed by the Co-ordinate Bench of this Court in Crl. Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.681 of 2025, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, he shall be released on bail on furnishing a 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 applicant shall make himself/herself 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 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 19, 2025 S. Shivhare ABAIL No. 1053 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench