Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 193375 (ALL)

RAM ADHAR v. STATE OF U.P. AND 2 OTHERS

NABAIL/8281/2025 · 2025-10-12

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8281 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri R.A. Yadav, learned counsel for the applicant and Sri Manoj Gautam, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Complaint Case no. 84 of 2018 under Sections 420, 467, 468 IPC, Police Station Zafarabad, District Jaunpur with the prayer that in the event of arrest, the applicant may be released on bail. 3. It has been contended by learned counsel for the applicant the applicant has been summoned to face trial in a complaint case. It is further submitted that as per the complaint, the applicant is said to have executed a sale deed of a land of the complainant to one Ram Lakhan. The complainant is the tenant of Ram Lakhan. It is further submitted that applicant is owner of the land which has been sold by him to Ram Lakhan. It is also submitted that a civil suit is also pending between the applicant and the complainant. It is also submitted that applicant has no criminal history to his credit. It is also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court and in case he is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has opposed the prayer for grant of anticipatory bail. Versus Counsel for Applicant(s) : Ram Asrey Yadav Counsel for Opposite Party(s) : G.A. Ram Adhar .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) 5. I have considered the rival submissions made by learned counsel for the parties. 6. As per the complaint, the allegations against the applicant is that he executed a sale deed of a land of the complainant to one Ram Lakhan. It has been submitted that a civil suit is also pending between the applicant and the complainant regarding title of the land in question. 7. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedents of the accused, possibility of accused to flee from justice and that Court must evaluate the entire available material against the accused carefully and the exact role of accused has also to be taken into consideration. 8. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 9. The anticipatory bail application is allowed. 10. In the event of arrest of applicant Ram Adhar involved in the aforesaid complaint case, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :- (i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) 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/her/them from disclosing such facts to the Court or to any police officer; NABAIL No. 8281 of 2025 2 (iii) The applicant would co-operate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 11. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. October 13, 2025 Madhurima NABAIL No. 8281 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad