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2025 DAILYLAW 172994 (ALL)

GREESH CHANDRA SONKAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO AND ANOTHER

/1767/2025 · 2025-11-28

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1767 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Praveen Tripathi, learned counsel for the applicant, Sri Mayank Sinha, learned A.G.A. appearing on behalf of the State and perused the record. 2. This is the second application filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 392 of 2024, under Sections 406, 420, 467, 468, 471, 120B, 504, 506 I.P.C., registered at Police Station Mankapur, District Gonda. 3. The first Anticipatory Bail Application No.1232 of 2025 was dismissed as the applicant had approached this Court directly without first approaching the Session Court and the applicant was granted liberty to approach the Session Court. This application has been filed after rejection of the anticipatory bail of the applicant by the Session Court. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.08.2024, on the basis of an application under Section 156(3) Cr.P.C filed against eight named persons, not including the applicant, stating that the accused persons, including the then Lekhpal and Revenue Record Keeper, wrongly entered bunjar (barren) land of Gaon Sabha in the name of private person and they wrongly sold away the land to the complainant's parents. When the complainant demanded return of sale consideration, they abused and threatened him. Versus Counsel for Applicant(s) : Praveen Tripathi, Sm Abdullah Husain Counsel for Opposite Party(s) : G.A. Greesh Chandra Sonkar .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko And Another .....Opposite Party(s) 5. During investigation, it transpired that one Vidya Devi was recorded as Bhumidar with non transferable right of the land in question in the year 1986. In the year 1996, the petitioner was posted as Lekhpal and he recorded the allottee as Bhumidar with transferable rights. 6. Learned counsel for the applicant has submitted that the applicant had recorded the allotted as Bhumidar with transferable rights in accordance with the provisions contained in the relevant Government Order. 7. 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. 8. Learned counsel for the applicant has submitted that the applicant is continuing in government service and in case of grant of anticipatory bail there appears to be no reasonable apprehension that the applicant will abscond from the process of law. 9. The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter. 10. Having considered the aforesaid facts and circumstances 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. 11. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Greesh Chandra Sonkar before the S.H.O/learned Trial Court in the aforesaid case crime, he shall be released on bail on furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of the officer/ 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 NABAIL No. 1767 of 2025 2 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. November 28, 2025 Preeti NABAIL No. 1767 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench