RAKESH VERMA v. THE STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. HOME DEPTT. AND ANOTHER
/830/2025 · 2025-11-26
body2025
DailyLaw.ai
[ 2025 DAILYLAW 178153 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 178153 (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 482 BNSS No. - 830 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, Sri Mulayam Singh Yadav, learned counsel for the complainant and learned A.G.A. for the State and perused the record. Present anticipatory bail application has been filed seeking anticipatory bail in Case Crime No. 219 of 2025 under Sections 420, 467, 468, 471 IPC, Police Station- Chinhat, District-Lucknow. This Court on 10.07.2025 passed the following order:-
"1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.219 of 2025 under sections 420, 467, 468, 471 I.P.C., P.S. Chinhat, district Lucknow. 2.Heard learned counsel for the applicant, Mr. Mulayam Singh Yadav, learned counsel for the complainant who has filed vakalatnama today which is taken on record, and learned Additional Government Advocate for the State. 3.It is alleged in the prosecution case that to usurp the shop of the informant, the accused applicant along with Kamla Devi has prepared forged stamp paper and used that in the civil suit(s). 4.Learned counsel for the applicant submits that no offence has been committed by the applicant. The first information report has been lodged after delay of 16 years without any explanation. It is not disputed between the parties that civil suit between them is pending. The allegation is with respect to a document used in the civil suit. The applicant has explained the criminal history of one cas in para 27 of the affidavit filed in support of this application.
Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation. Versus Counsel for Applicant(s) : Smt.Aradhana Shukla, Krishna Mohan Mishra Counsel for Opposite Party(s) : G.A., Mulayam Singh Yadav Rakesh Verma .....Applicant(s) The State Of U.P. Thru. Its Addl. Chief Secy. Home Deptt. And Another .....Opposite Party(s)
5.Learned Addl. Government Advocate and complainant's counsel have opposed the prayer made by applicant's counsel. Learned A.G.A. submits that the applicant has criminal history of two more cases which have not been explained in the bail application. The applicant's counsel has disputed the said averment. 6.List on 6.8.2025. In the meantime, learned A.G.A. shall file objections/counter affidavit. 7.Considering the above aspects of the matter, the fact that the applicant has explained criminal history of one case in the bail application, the first information report has been lodged after delay of several years, two civil suits are pending between the parties, the undertaking given on behalf of the applicant that he will cooperate in the investigation/trial, perusal of the record, as also the 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. 8.In view of the above, as an interim protection, it is provided that the applicant shall appear before the I.O./S.H.O. concerned within two weeks from today and he shall be released on interim anticipatory bail by the said officer on the applicant's furnishing a personal bond and two sureties of the like amount to the satisfaction of the investigating officer/S.H.O. 9.The applicant shall cooperate in the investigation/trial and he will not influence the witnesses. The applicant shall not leave India sans previous permission of the Court. In case of default, it would be open for the investigating agency to proceed in accordance with law/ to move application for vacation of this order."
Learned counsel for the applicant has submitted that in compliance of order extracted above, the applicant has filed bonds and he has been enlarged on anticipatory bail. It is submitted that the applicant undertakes to cooperate in the trial. Considering the interim protection granted by this Court vide order extracted above, which has not been misused by the applicant, undertaking that the applicant shall cooperate in the trial, charge sheet been filed and without expressing any opinion on the merits of the case, I am of the opinion that the interim protection granted earlier is liable to be and is hereby made absolute. The application is allowed accordingly. November 26, 2025 Vinay/- NABAIL No. 830 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench