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2025 DAILYLAW 186435 (ALL)

FASIHUDDIN v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

/1749/2025 · 2025-11-20

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1749 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard Sri Vishnu Kumar Srivastava, the learned counsel for the applicant as well as learned Additional Government Advocate-I appearing on behalf of the State . 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.28 of 2025, under Sections 318(4), 338, 336(3), 340(2), 352, 351(3) B.N.S., registered at Police Station Gaidas Bujurg, District Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.03.2025 against nine persons, including the applicant stating that the complainant and the applicant are descendants of a common ancestor and the applicant had executed a sale deed in respect of land exceeding his share. 4. In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent and he has falsely been implicated in the present case. The applicant's involvement in 1 other criminal case has been disclosed in para 2 of the supplementary affidavit filed today, which is taken on record. 5. The learned counsel for the applicant has submitted that the excess land was mentioned in the sale deed due to the mistake which has been corrected by executing a correction deed, a copy whereof has been annexed with the Versus Counsel for Applicant(s) : Dinesh Kr. Chaudhary Counsel for Opposite Party(s) : G.A. Fasihuddin .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another .....Opposite Party(s) affidavit filed in support of anticipatory bail application. It is submitted that the applicant and the co-accused Wasiuddin both both were assigned selling the land. The co-accused Wasiuddin who was assigned similar role has been granted anticipatory bail vide order dated 24.9.2025 passed in Anticipatory Bail No.1332 of 2025. The applicant seeks parity. 6. The learned A.G.A-I. has opposed the prayer for bail and he has submitted that the investigation is still going on. 7. The learned A.G.A. has opposed the anticipatory bail application, but he could not dispute the factum of execution of correction deed correcting the mistake which had led to filing of the F.I.R. 8. Having considered the aforesaid facts and circumstances of the case, bail order of the co-accused Wasiuddin, and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 9. In view of the above, the anticipatory bail application of the applicant is allowed, on the ground of parity. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, he shall be released on bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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; (iii) that the applicant shall not leave India without the previous permission of the court' (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and NABAIL No. 1749 of 2025 2 (v). that the applicant shall not pressurize/ intimidate the prosecution witness. November 20, 2025 kkb/ NABAIL No. 1749 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench