JAI PRAKASH DUBEY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
/1342/2025 · 2025-09-23
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166057 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166057 (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 482 BNSS No. - 1342 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Vivek Pandey, the learned counsel appearing on behalf of the applicant as well as Sri Abhay Kumar Singh, 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.521 of 2024 under Sections 419, 420, 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 13.07.2024 against five persons, including the applicant, his father Ram Kuber, his mother Shabnam, a brother Satya Prakash Dwivedi and another accused person Santosh Kumar Mishra, stating that the complainant had entered into an agreement to purchase five plots of land standing in the name of the applicant's father co-accused Ram Kuber and one plot in the name of his mother co-accused Shabnam for a total sale consideration of Rs.5 Lakhs. The complainant had purchased e-stamp worth Rs.1,47,000/- and had paid Rs.22 lakhs as against agreed consideration of Rs.15 lakhs, in various transaction. Some amount was transferred to the bank account of the applicant also but the sellers did not execute a sale deed in favour of the complainant. 4. In the affidavit filed in support of the anticipatory bail application it has been stated that the applicant is a young man aged 21 years having no criminal history and he has been falsely been implicated in the present case. 5. Two sale deeds have already been executed- one by the applicant's father Ram Kuber and other by his mother- Shabnam and copies of those sale deeds have been annexed with the affidavit filed in support of the bail Versus Counsel for Applicant(s) : Vivek Pandey, Adarsh Singh, Nikhil Kumar Counsel for Opposite Party(s) : G.A. Jai Prakash Dubey .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
application but those sale deeds have not been registered. 6. The learned A.G.A. has opposed the prayer for anticipatory bail and he has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 30.12.2024. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegation levelled in the FIR is regarding non- registration of the sale deeds after their execution, for which the complainant has a remedy under the Registration Act but there is no averment in the FIR that the aforesaid statutory remedy has been availed by the complainant; that the applicant is not the purchaser and he has been implicated merely because he is the son of the purchaser coupled with the fact that the applicant is a young man aged 21 years having no criminal history whereas the investigation already stands concluded, 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 his 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 23, 2025 -Amit K- NABAIL No. 1342 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench