EKADASI NISHAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/6172/2025 · 2025-11-17
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 175325 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175325 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6172 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State, as well as learned counsel for the complainant. It is alleged in the prosecution case that the applicant, Ekadasi, executed an agreement to sell in favour of the informant on 30.07.2022. Subsequently, the informant learned that part of the property had already been sold through a sale deed dated 21.03.2022 between Ram Pal and another party, and that yet another agreement to sell had been executed earlier by the applicant on 05.03.2022 in favour of Amit Kumar Aggarwal and Dheeraj Kumar Aggarwal. Learned counsel for the applicant submits that the applicant is seventy years old. He has disclosed the criminal history of four cases in paragraph 31 of the bail application. The offences are triable by a Magistrate, the charge sheet has been filed, and the applicant has been in custody since 01.01.2025. A supplementary affidavit has also been filed on behalf of the applicant, wherein paragraphs 3 and 4 state that the applicant is fully prepared and willing to pay the complainant the alleged amount of Rs. 9,00,000/- from his bank account. Learned AGA as well as learned counsel for the complainant have opposed Versus Counsel for Applicant(s) : Prashant Dubey, Abhishek, Sadhana Yadav, Vaibhav Srivastava, Vishnu Pratap Singh Counsel for Opposite Party(s) : G.A., Abhishek Pratap Singh, Chandan Srivastava Ekadasi Nishad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
the bail application. However, learned counsel for the complainant submits that if the applicant complies with the undertaking within the time agreed, he has no objection to the grant of bail. Considering the undertaking furnished by the applicant; the fact that the offences are triable by a Magistrate; the applicant’s age of seventy years; the filing of the charge sheet; and the applicant’s incarceration since 01.01.2025, I am of the view that the applicant deserves to be enlarged on bail. Accordingly, the bail application is allowed.
Let the applicant , involved in Case Crime/FIR No. Crime No.-579/2023, U/S-420/467/468/471/352/506/120B IPC, P.S.- Kotwali Nagar, District - Ayodhya, be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. In view of the undertaking given by the applicant in the supplementary affidavit, it is provided that the applicant shall pay the amount of Rs. 9,00,000/- to the complainant after 60 days from the date of his release, in three equal monthly installments. November 17, 2025 R.C.
BAIL No. 6172 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench