MABOOD AHMAD AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/1140/2025 · 2025-10-13
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 200511 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 200511 (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 438 CR.P.C. No. - 1140 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J.
1. Heard learned counsel for applicants, learned Additional Government Advocate appearing on behalf of State and perused the record. 2. This first anticipatory bail application has been filed with regard to Case Crime No. 213 of 2024 under Sections 419, 420, 120-B IPC, Police Station Kotwali Dehat, District Sultanpur. 3.As per contents of FIR, applicants alongwith co-accused were instrumental in submission of fabricated khataunies pertaining to the Khasra years 1356, 1359 and 1360 before the Consolidation Officer during consolidation proceedings to establish their claim over the plot in question. The informant is also claiming succession over the said plots. 4. It has been submitted that applicants have been falsely implicated in the charges levelled against them and that an unnecessary criminal colour is sought to be given to purely civil dispute in view of the fact that the application of informant filed before the Consolidation Officer was rejected alongwith that of applicants and against which appeal is already pending consideration before the Settlement Officer Consolidation with an order of status quo also being issued. 5.The co-accused Mohammad Shamshad and Nafees Ahmad have been granted anticipatory bail vide order dated 30.4.2025 passed in Anticipatory bail No.390 of 2025. He claims parity. 6. Learned AGA appearing on behalf of State opposed the prayer for anticipatory bail application but does not dispute the aforesaid facts. It is also admitted that applicants do not have any criminal history. Versus Counsel for Applicant(s) : Ramakar Shukla Counsel for Opposite Party(s) : G.A. Mabood Ahmad and Junaid Ahmad alias Junaid .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that allegations levelled against the applicants appear to be civil in nature for which civil proceedings are also pending consideration without final adjudication. 8.
Considering the aforesaid facts and circumstances of the case and the fact that the charge sheet has already been filed, the co-accused named above have been granted anticipatory bail, the present anticipatory bail application is hereby disposed of while extending anticipatory bail to the applicants on his furnishing a personal bond and two sureties to the satisfaction of the concerned court, till disposal of the trial subject to the following conditions:- (i) The applicants 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 them from disclosing such facts to the court or tamper with the evidence; (ii) The applicants shall not leave India without the previous permission of the court; (iii)The applicants shall not pressurize/ intimidate the prosecution witness; (iv)The applicants shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. October 13, 2025 kkb/ ABAIL No. 1140 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench