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2025 DAILYLAW 179955 (ALL)

MALTI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO.

BAIL/6556/2025 · 2025-11-13

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6556 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard Shri A.M Tripathi, assisted by Shri Akash Mishra, learned counsel for the applicant as well as learned Additional Government Advocate for the State and perused the record. 2. It is alleged in the prosecution case that the applicant, in connivance with the co-accused persons, while hatching conspiracy and impersonating Yogita Verma, have got executed a registered sale deed pertaining to a land belonging to the complainant. 3. Learned counsel for the applicant submits that the applicant is a lady and is innocent and has been falsely implicated in the present case. She has no previous criminal history and is languishing in jail since 21.05.2025. He next submits that the offences are triable by the Magistrate. 4. He further submits that the co-accused persons namely Neeraj Shukla, Shailendra Kumar and Sonu Kumar have been granted bail by a co-ordinate bench of this court in Criminal Misc Anticipatory Bail Application No. 564 of 2025, Criminal Misc. Anticipatory Bail Application No. 922 of 2025 & Criminal Misc Bail Application No. 6598 of 2024 vide orders dated 29.05.2025, 28.07.2025 and 14.10.2025 respectively. He seeks parity with the bail orders of the said co-accused. 5. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case Versus Counsel for Applicant(s) : Vivek Kumar Verma, Akhilendra Pratap Singh, Atul Verma, Brahmendra Pratap Singh, Vinod Kumar Yadav Counsel for Opposite Party(s) : G.A. Malti .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. .....Opposite Party(s) the applicant is enlarged on bail, he shall not misuse the liberty of bail. 6. Learned A.G.A.has opposed the prayer for bail and has submitted that the applicant is the impersonator and it is not a case of parity. 7. Considering the facts and circumstances of the case, the arguments advanced by learned counsel for the parties, the fact that chargesheet has been filed; the fact that the applicant is a lady and has no previous criminal history and is languishing in jail since 21.05.2025, she seeks parity with the bail orders of co-accused Neeraj Shukla, Shailendra Kumar and Sonu Kumar and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 8. Let the applicant Malti, involved in Case Crime No. 0099 of 2025, under sections 319(2), 318(4), 338, 336(2), 340(2), 324(2), 351(2), 61(2) B.N.S , P.S. Bijnaur, District Lucknow, be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A I.P.C. (now 269 BNS) (vi) In case the applicant misuses the liberty of bail during trial and in order BAIL No. 6556 of 2025 2 to secure her presence proclamation under Section 82 Cr.P.C. (now 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A I.P.C. (now 209 BNS). 9. The application is allowed on the ground of parity. November 13, 2025 DiVYa BAIL No. 6556 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench