WASIUDDIN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NABAIL/1332/2025 · 2025-09-24
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166519 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166519 (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. - 1332 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Vishnu Kumar Srivastava, the learned counsel for the applicant as well as Sri Rajesh Kumar Singh, the learned Additional Government Advocate-I appearing on behalf of the State and Sri Furkan Pathan, Advocate who has put in appearance on behalf of the complainant and filed his vakalatnama, which is taken on record. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.28 of 2025, under Sections 318(4), 338, 336(3), 340(2), 352, 351(3) B.N.S., registered at Police Station Gaidas Bujurg, District Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.03.2025 against nine persons, including the applicant stating that the complainant and the applicant are descendants of a common ancestor and the applicant had executed a sale deed in respect of land exceeding his share. 4. In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent and he has falsely been implicated in the present case. The applicant's involvement in 8 other criminal cases has been disclosed in para 6 of the affidavit filed in support of the bail application in one of which he has been granted bail and in rest of the cases the Investigating Officer has submitted a closure report. 5. The learned counsel for the applicant has submitted that the excess land was mentioned in the sale deed due to the mistake which has been corrected by executing a correction deed, a copy whereof has been annexed with the affidavit filed in support of anticipatory bail application. 6. The learned A.G.A-I. has opposed the prayer for bail and he has submitted Versus Counsel for Applicant(s) : Vishnu Kumar Srivastava, Dinesh Kr. Chaudhary Counsel for Opposite Party(s) : Furkan Pathan Wasiuddin .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
that the investigation is still going on. 7. The learned counsel for the complainant has opposed the anticipatory bail application, but he could not dispute the factum of execution of correction deed correcting the mistake which had led to filing of the F.I.R.
8.
Having considered the aforesaid facts and circumstances of the case and without making any observations which may affect the outcome of the case, 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-Wasiuddin 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 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 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 24, 2025 Ram. NABAIL No. 1332 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench