LAVKUSH YADAV v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.
ABAIL/1212/2025 · 2025-11-06
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 177670 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177670 (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. - 1212 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.0180 of 2022 under sections 420, 467, 468, 471, 506 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.It is alleged in the first information report that in order to usurp property of the informant's father late Horilal, the applicant along with the co-accused prepared forged will deed on 11.12.2018 which was registered on 12.12.2018. From R.T.I., the informant came to know that the will was not registered and that does not contain signature of Sub Registrar-I S.B. Singh as he was already transferred on that date. It is further alleged that to usurp the property of late Horilal, the applicant instituted a case under section 34 of Revenue Code in the court of Naib Tehsildar, Bijnour where the court found the will to be forged and dismissed the case. Feeling aggrieved, the applicant along with the co-accused have threatened the informarit. 4.Learned counsel for the applicant submits that the applicant has no criminal history. After death of the father of the co-accused Nirmala, property came to be mutated in the name of mother of the accused applicant. Dispute is between real sisters. First Information Report No.53 Versus Counsel for Applicant(s) : Utkarsh Kumar, Shiv Kumar Counsel for Opposite Party(s) : G.A. Lavkush Yadav .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s)
of 2022 under section 420 I.P.C. was lodged against the informant and her son as well as the co-accused persons by mother of the informant for usurping her property by committing cheating. The co-accused Nirmala has been granted bail vide order dated 4.7.2025 passed by this court in Bail No.6039 of 2025. The offences are triable by Magistrate.
Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation. 5.Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel and submits that the investigation against the applicant is pending. 6.Considering the above aspects of the matter, the fact that the applicant has no criminal history, the undertaking given on behalf of the applicant that he will cooperate in the investigation/trial, investigation is going on, first information report No.53 of 2022 (supra) has been lodged against the informant by mother of the informant, bail order of the co-accused,
judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 7.In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer. 8.The applicant shall cooperate in the investigation/trial and he will not influence the witnesses. In case of default, it would be open for the investigating agency/trial court to proceed in accordance with law. November 6, 2025 kkb/ ABAIL No. 1212 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench