KAUSHAL PANDEY @ KAUSHAL KISHOR PANDEY v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
ABAIL/1080/2025 · 2025-09-25
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166872 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166872 (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. - 1080 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Wali Nawaz Khan, the learned counsel appearing on behalf of the applicant as well as Sri Mayank Sinha, 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.89 of 2024 under Sections 420, 406, 467, 468, 471, 120-B of I.P.C. registered at Police Station- Gomti Nagar Extension, District- Lucknow East (Commissionerate Lucknow). 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.05.2024 against five persons, including the applicant, stating that the applicant had shown a plot of land to the complainant and her husband and at the time of site visit, co-accused persons Sushil Kumar @ Ahmad Khan and Ram Dutt Kishore Tiwali were also present. The complainant and her husband had purchased the plot from co-accused Aniket Pandey for a sale consideration of Rs.53 Lakhs, through a sale deed dated 12.02.2021 and they had made an actual payment of Rs.93 Lakhs. Later on it transpired that no document regarding the plot of land was available in the LDA office. 4. In the affidavit filed in support of the anticipatory bail application it has been stated that the applicant is innocent having no criminal history and he has been falsely been implicated in the present case. 5. The learned A.G.A. has opposed the prayer for anticipatory bail and as per the written instructions provided to him, he stated that the applicant is not co- operating with the investigation. 6. In response to the aforesaid objection, the learned counsel for the applicant Versus Counsel for Applicant(s) : Wali Nawaz Khan, Gauri Suwan Pandey Counsel for Opposite Party(s) : G.A. Kaushal Pandey @ Kaushal Kishor Pandey .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
has submitted that once the applicant gets protection from arrest, he will co- operate with the investigation. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the only allegation against the applicant is of introducing the buyers to the sellers and no other allegation has been levelled against him coupled with the fact that the applicant has no criminal history and he has undertaken to co-operate with the investigation, 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- Kaushal Pandey @ Kaushal Kishor Pandey 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 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 25, 2025 -Amit K- ABAIL No. 1080 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench