JAGAT NARAYAN SINGH v. STATE OF U.P THRU. PRIN. SECY. HOME DEPTT. LKO.
/1336/2025 · 2025-12-04
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 185592 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185592 (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 438 CR.P.C. No. - 1336 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. 43/2022, U/S- 419/420/467/468/471/120B/204 IPC & Section 7A of P.C. Act, P.S.- S.I.T., District- Lucknow. Heard learned counsel for the applicant and learned A.G.A. for the State. In the prosecution case, it is alleged that the complainant, acting as the power of attorney holder of Vimlendra Mohan Pratap Mishra and Shailendra Mohan Pratap Mishra, has reported that a forged sale deed dated 23.08.2000 was executed and registered at Gonda by falsely impersonating and forging the signatures of Vimlendra Mohan Pratap Mishra and Shailendra Mohan Pratap Mishras, in favour of co-accused Ms. Madhavi Singh. It is further alleged that the applicant and other co-accused persons acted as marginal witnesses, and one Manoj Kumar, Advocate, identified the executants. The prosecution asserts that the sale deed was fraudulently executed with the intention of grabbing the land of the deceased persons, in collusion with Brijendra Kumar Awasthi and others. Submission of learned counsel for the applicant submits that the applicant is a teacher with no criminal antecedents, and the offences alleged are triable by the Magistrate. It is contended that the alleged occurrence happened in the year 2000, while the FIR was lodged belatedly on 09.12.2022. The Versus Counsel for Applicant(s) : Atul Verma, Hari Krishna Verma, Kanchan Verma (Km.), Sanjeet Kumar Patel Counsel for Opposite Party(s) : G.A. Jagat Narayan Singh .....Applicant(s) State Of U.P Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
charge sheet has already been submitted against co-accused persons. It is further pointed out that the main beneficiary, co-accused Madhavi Singh, has been granted protection by a Division Bench of this Court, copy of which is on record as Annexure No. 29 to the bail application. It is additionally submitted that co-accused Brajesh Kumar Awasthi, who is alleged to be the principal accused and has a substantial criminal history of more than 50 cases, has already been granted bail in the present matter. Learned AGA has opposed the bail application. Learned A.G.A. has, however, opposed the prayer for anticipatory bail.
Upon considering the facts that the offences are triable by the Magistrate; the FIR has been lodged after an inordinate delay of about seven years; the beneficiary co-accused has already been protected by the Division Bench of this Court; and having regard to the undertaking furnished on behalf of the applicant to cooperate in the investigation, this Court is of the considered view that the applicant deserves to be granted anticipatory bail in terms of the law laid down by the Hon’ble Supreme Court in Sushila Aggarwal and Others vs. State (NCT of Delhi) and Another, (2020) 5 SCC 1, subject to her continued 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. December 4, 2025/R.C.
ABAIL No. 1336 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench