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2025 DAILYLAW 198716 (ALL)

DINESH KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

ABAIL/1412/2025 · 2025-12-19

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. - 1412 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.122 of 2024 under sections 120-B, 420, 467, 468, 471, 506 I.P.c., P.S. Hazratganj, district Lucknow. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.It is alleged in the prosecution case that the accused applicant is the witness of unregistered will deed dated 7.4.2021 which has been executed in favour of Anuradha Singh. 4.Learned counsel for the applicant submits that the applicant has been falsely implicated. He has no criminal antecedent. The offence is triable by Magistrate. Two regular declaratory suit Nos.1033 of 2021 and 802/2021 are pending between the parties before the competent civil court. It is submitted that one one hand, the anticipatory bail application of the applicant who is a witness has been rejected by the trial court, the same court has granted anticipatory bail to the beneficiary Anuradha Singh vide order contained in Annexure No.5 to the bail application. Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation. 5.Learned Addl. Government Advocate has opposed the prayer made by Versus Counsel for Applicant(s) : Vivek Kumar Rai Counsel for Opposite Party(s) : G.A. Dinesh Kumar Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) applicant's counsel and submits that the applicant is a witness of the forged will and therefore, no case for anticipatory bail is made out. 6.Considering the above aspects of the matter, the fact that the applicant has no criminal history, the offences are triable by Magistrate, the undertaking given on behalf of the applicant that he will cooperate in the ongoing investigation, the applicant is a marginal witness of the will deed, two civil suits are pending between the parties, rival claims over the disputed property can be settled only in the civil suits pending between the parties, perusal of the record, as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 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 in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the investigating officer/S.H.O. The applicant shall report to the investigating officer within 20 days from the date of receipt of a certified copy of this order. The investigating officer shall enlarge the applicant on anticipatory bail, as directed above. 8.The applicant shall cooperate in the investigation and he will not influence the witnesses. The applicant shall not leave India sans previous permission of the Court. In case of default, it would be open for the investigating agency to proceed in accordance with law/ to move application for vacation of this order. 9.The application is allowed accordingly. December 19, 2025 kkb/ ABAIL No. 1412 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench