Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 168122 (ALL)

GYAN PRAKASH AWASTHI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO

ABAIL/1114/2025 · 2025-09-26

Subhash Vidyarthi

body2025

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. - 1114 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Saurabh Singh, learned counsel for the applicant, Sri Mayank Sinha, 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.252 of 2024, under Sections 420, 467, 468, 471 I.P.C., registered at Police Station Mohanlalganj, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.06.2024 against five persons, including the applicant stating that a co-accused Pankaj Mishra has got a sale deed executed by co-accused Amitabh Srivastava in respect of the complainant's land. The applicant and Vipin Yadav, had witnessed the execution of the sale deed. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in another criminal case has been disclosed in the affidavit filed in support of bail application, in which his arrest has been stayed by this Court. 5. The learned counsel for the applicant has submitted that the purchaser Pankaj Mishra, has already been granted anticipatory bail by a coordinate Bench of this Court by means of an order dated 23.05.2025, passed in Criminal Misc. Anticipatory Bail Application No.565 of 2025. Another co-accused Vipin Yadav, has also been granted bail by means of an order dated 25.09.2025, passed by this Court in Criminal Misc. Bail Application No.9358 of 2025. 6. The learned counsel appearing on behalf of the State has opposed the prayer for anticipatory bail but he could not dispute the aforesaid aspects of the matter. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that two co-accused persons have already been granted anticipatory bail Versus Counsel for Applicant(s) : Arjun Singh Kalhans, Amit Kumar Verma, Himanshu Singh Chauhan, Saurabh Singh Counsel for Opposite Party(s) : G.A. Gyan Prakash Awasthi .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko .....Opposite Party(s) and the applicant is merely a witness and not the executioner of the deed, 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- Gyan Prakash Awasthi 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 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. (Subhash Vidyarthi,J.) September 26, 2025 V. Sinha ABAIL No. 1114 of 2025 2 Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench