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2025 DAILYLAW 181310 (ALL)

MITHLESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 2 OTHERS

/1310/2025 · 2025-11-26

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1310 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.0758 of 2023 under Section 419, 420, 467, 468, 471, 506, 34, 120-B IPC, Police Station Kotwali City, District Hardoi. Heard learned counsel for the applicant and learned Additional Government Advocate for the State. Notices to respondent no.2 is dispensed with in view of the proposed order. Learned counsel for the applicant submits that the applicant fully cooperated during the investigation. Notices under Section 41-A Cr.P.C. were duly complied with, and the charge-sheet has already been filed. The offences alleged are punishable with imprisonment of up to seven years. It is further submitted that the applicant is neither the seller nor the purchaser, nor even a witness to the sale deed in question. The applicant has no criminal antecedents. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. Considering the above aspects of the matter, the perusal of the record, and the fact that the offence is triable by a Magistrate; the applicant has no criminal history; the charge-sheet in the case has Versus Counsel for Applicant(s) : Shailender Singh, Ankit Tiwari, Neelam Singh, Ravi Kant Patel Counsel for Opposite Party(s): G.A. Mithlesh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 2 Others .....Opposite Party(s) been filed and the applicant has cooperated in the investigation; the applicant was not arrested during the course of investigation; and having regard to the undertaking given on behalf of the applicant that he shall cooperate in the trial, as well as the law laid down by the Hon’ble Supreme Court in Musheer Alam vs. State of U.P. and another, 2025 SCC OnLine SC 116, and without entering into the merits of the case, this Court finds it appropriate to grant protection to the applicant. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, 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 trial court. The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. In case of default, it would be open for the trial court to proceed in accordance with law. The application is allowed accordingly. November 26, 2025 Madhu D.R/P.S ABAIL No. 1310 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench