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2025 DAILYLAW 185372 (ALL)

MOHD. YUNUS v. STATE OF U.P. THRU. PRIN. SECY. (HOME) GOVT. OF U.P.

NABAIL/1598/2025 · 2025-10-30

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1598 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in Crime No. 0171 of 2025, Under Section 419, 420, 467, 468, & 471 of the Indian Penal Code, 1860, Police Station - Wazirganj, Lucknow West (Commissionerate Lucknow). Heard learned counsel for the applicant and learned A.G.A. for the State. Submission of learned counsel for the applicant is that the complainant is the sister-in-law of accused no. 4. Subsequently, a dispute arose between the complainant and the brother of accused no. 4, which led to the present proceedings. It is contended that the dispute is purely of a civil nature. According to the FIR, a power of attorney was executed on 07.02.2023 in favour of one Sahar, who, on the basis of the said document, executed a sale deed dated 21.08.2023 in favour of Mohd. Farooq. Thereafter, Mohd. Farooq sold a portion of the said land to the present applicant. It is further submitted that co-accused Mohd. Farooq has already been granted anticipatory bail by a coordinate Bench of this Court, copy of which is on record as Annexure No. 8 to the application. The applicant seeks parity with the said order. It is also submitted that the applicant has no criminal antecedents. Lastly, it is contended that no civil proceedings, including for cancellation of the sale deed or any other proceedings, have been initiated by the complainant. The applicant undertakes to cooperate in the course of Versus Counsel for Applicant(s) : Suhaib Ashraf Counsel for Opposite Party(s) : G.A. Mohd. Yunus .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) Govt. Of U.P. .....Opposite Party(s) investigation. Learned AGA has opposed the bail application. Having considered the anticipatory bail order passed in favour of co-accused Mohd. Farooq; the nature of role attributed to the applicant; the fact that the applicant, being a subsequent purchaser, also appears to be a victim of the alleged transaction; his clean antecedents; and the fact that the offences alleged are triable by a Magistrate, coupled with his undertaking to cooperate in the investigation, this Court is of the view that the applicant is entitled to be released on anticipatory bail in the light of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his cooperation in the investigation. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- The applicant shall report to the investigating officer within twenty days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. The application is allowed. October 30, 2025 R.C. NABAIL No. 1598 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench