ANSARI ASHARAF ALI @ ASHARAF ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER
/1072/2025 · 2025-09-23
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166714 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166714 (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 438 CR.P.C. No. - 1072 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Harish Chandra Yadav, learned counsel for the applicant, Sri Sateyndra 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.45 of 2023, under Sections 419, 420, 467, 468, 471 I.P.C., registered at Police Station Mankapur, District Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.01.2023 against ten named persons, including the applicant, stating that an imposter appeared in place of the complainant and prepared a forged power of attorney and on the strength of that power of attorney, the applicant and co-accused persons- Sahila Bano and Noor Jahan got sale deeds executed in their favour in respect of the complainant. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The complainant has also filed a suit against the three purchasers, including the applicant. Versus Counsel for Applicant(s) : Harish Chandra Yadav, Ajit Pratap Singh, Lalit Kumar Saxena Counsel for Opposite Party(s) : G.A. Ansari Asharaf Ali @ Asharaf Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another .....Opposite Party(s)
6. The learned counsel for the applicant has submitted that two co- accused persons Sahila Bano and Noor Jahan, against whom similar allegations have been levelled in the F.I.R, have been granted anticipatory bail by means of orders dated 21.04.2025 passed by the Coordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application Nos. 2846 of 2024 and 2843 of 2024, respectively. Another co-accused person Sanjay Kumar Pandey, in whose bank account some money has been transferred and marginal witness of execution of the deeds Imam Ali, has also been granted anticipatory bail and copies of their anticipatory bail orders have also been annexed with the affidavit. 7. The learned A.G.A. has opposed the anticipatory bail application and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 31.07.2023. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that two co-accused persons against whom similar allegations have been leveled, have already been granted anticipatory bail, I am of the view that the applicant is also entitled to be granted anticipatory bail in the present case. 9. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Ansari Asharaf Ali @ Asharaf Ali 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 ABAIL No. 1072 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 23, 2025 Preeti ABAIL No. 1072 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench