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2025 DAILYLAW 195287 (ALL)

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

/1340/2025 · 2025-12-08

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. - 1340 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.199 of 2017 under sections 419, 420, 467, 468, 471 I.P.C., P.S. Motiganj, district Gonda. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.Learned counsel for the applicant No.1 is witness in the sale deed. The applicant No.2 is the bona fide purchaser. The co-accused Raghavram and Baboolal have been granted anticipatory bail vide order dated 24.7.2025 passed by this court in Anticipatory Bail No.2459 of 2024(Annexure-15). The applicants claim parity. 4.It is submitted that during investigation, final report was filed. Against that, a protest petition was filed where further investigation was ordered. During investigation, arrest of the applicants was protected vide order dated 30.9.2022 passed by a Division Bench of this court in Crl. Misc. W.P. No.7463 of 2022 (Annexure No.12 to the bail application). Police report as well as further investigation report are placed on record. The offences are triable by Magistrate. The applicants have no criminal antecedent. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. Versus Counsel for Applicant(s) : Udai Bhan Pandey Counsel for Opposite Party(s) : G.A. Madhavram Yadav and MalikRam Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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 applicants have no criminal history, the offences are triable by Magistrate, role assigned to the applicants, police report has been filed, the applicants were not arrested during investigation, bail order of the co-accused, referred to above, the undertaking given on behalf of the applicants that they shall cooperate in the trial, judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 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 applicants shall be released on anticipatory bail on their furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicants shall cooperate in the trial and he will not influence the witnesses.The applicants 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. December 8, 2025 kkb/ ABAIL No. 1340 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench