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2025 DAILYLAW 183447 (ALL)

MAHENDRA SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

ABAIL/1316/2025 · 2025-11-25

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1316 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.349 of 2023 under sections 420, 468, 504, 506 I.P.C., P.S. Akbarpur, district Ambedkar Nagar. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.It is alleged in the prosecution case that the land in question was purchased by the informant from the brother of the applicant namely Nand Kishor Singh on 10.03.2010. Her name was mutated on the basis of the registered sale deed in the revenue records. It is alleged that later on, the applicant, in collusion with the record room employees, have got his name entered into that property. The certified copy of the record of the land has been obtained by the complainant, which shows that forged entry has been made. It is further stated that the copy of the sale deed dated 19.10.2012 has already been obtained, which does not show any such entry. 4.Learned counsel for the applicant submits that offences are triable by Magistrate. The applicant has no criminal history. The main allegation of preparing the forged document is on the co-accused Ravindra Singh who has been granted bail vide order, contained in Annexure No.8 to the bail application. Charge sheet has been filed. The applicant has cooperated in the investigation. Versus Counsel for Applicant(s) : Nijam Ahamad Counsel for Opposite Party(s) : G.A. Mahendra Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 6.Considering the above aspects of the matter, perusal of the record, the applicant was not arrested during investigation, the undertaking given on behalf of the applicant that he shall cooperate in the trial, role assigned to the applicant in this case, nature and gravity of the offence, prima facie dispute appears to be of civil nature, judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116, Asha Devi versus State of M.P. 2024 SCC OnLine SC 5633 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 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. 8. In case of default, it would be open for the trial court to proceed in accordance with law. 9. The application is allowed accordingly. November 25, 2025 kkb/ ABAIL No. 1316 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench