LAKHAN LAL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO.
NABAIL/2073/2025 · 2025-12-19
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 195630 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 195630 (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 482 BNSS No. - 2073 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record. Present application has been filed seeking anticipatory bail in Case Crime No. 317 of 2025 under Section 419, 420, 467, 468, 471 IPC, P.S.-Unchahar, District-Raebareli.
Learned counsel for the accused-applicant, while pressing the bail application, submits that with regard to an incident alleged to have taken place on 25.06.1990, an FIR has been registered pursuant to an application under Section 173(4) BNSS. In the prosecution case, it is alleged that the applicant, who is the real brother of the complainant, prepared a forged Will deed of their father, Ramautar and got the names of Chhotelal and Ramsukh mutated in the revenue records. It is further alleged that the applicant acted as a deed writer. The complainant, namely Chhotelal and Ramsukh, and the present applicant are real brothers.
Learned counsel further submits that against the mutation order dated 30.12.1998, a recall application was filed by the informant on 08.04.2019, pursuant to which Ramsukh and Chhotelal appeared, and the mutation order was recalled and the case was restored to its original number. Against the said order, an appeal is pending. It is thus contended that the dispute is purely civil in nature. Versus Counsel for Applicant(s) : Dinesh Chandra, Surya Prakash Counsel for Opposite Party(s) : G.A. Lakhan Lal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. .....Opposite Party(s)
It is further submitted on behalf of the applicant that he has no criminal antecedents and is about 70 years of age. It is also submitted that there is no likelihood of the applicant fleeing from the course of justice or tampering with the prosecution witnesses. In case the applicant is enlarged on anticipatory bail, he undertakes not to misuse the liberty of bail and to cooperate in the investigation. Learned Additional Government Advocate has opposed the prayer made by the learned counsel for the applicant. However, he submits that investigation in this case is going on. Perused the record. On due consideration of the facts that the applicant is about 70 years of age and has no criminal antecedents, that prima facie the dispute appears to be civil in nature, and in view of the undertaking given by him to cooperate in the investigation, I find it to be a fit case for enlarging the applicant on anticipatory bail. 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 19, 2025 Vinay/- NABAIL No. 2073 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench