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2025 DAILYLAW 201558 (ALL)

TINKU v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

/1490/2025 · 2025-10-14

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1490 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in Case Crime No.0344/2025, under Sections 318(4), 338, 336(3), 340(2) BNS, registered at Police Station- Mohanlalgaj, District- Lucknow. Heard learned counsel for the applicant and learned A.G.A. for the State. Notice to respondent no. 2 is dispensed with in view of the proposed order. Learned counsel for the applicant submits that the co-accused, Sudhir @ Sudhir Kumar Rawat, has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 24.09.2025 passed in Criminal Misc. Bail Application No. 1313 of 2025. He, therefore, seeks parity with the said order. It is further contended that Sudhir @ Sudhir Kumar Rawat was the seller, whereas the present applicant is merely a marginal witness. The applicant has no criminal antecedents and undertakes to cooperate with the investigation. Learned AGA has opposed the bail application. Perused the record. Versus Counsel for Applicant(s) : Mohammad Moqueem, Farhan Ahmad Khan, Rehan Aziz Counsel for Opposite Party(s) : G.A. Tinku .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) A perusal of the record reveals that a Regular Suit No. 2069 of 2025 is pending before the Court of Civil Judge (Junior Division), Lucknow, seeking cancellation of the sale deed executed by the said seller. The co-accused Sudhir @ Sudhir Kumar Rawat, being the seller, has already been granted bail, while the applicant is only a marginal witness. Having considered the aforesaid facts and circumstances, particularly that the offence is triable by a Magistrate, the applicant has no criminal history, and taking into account the undertaking given on his behalf to cooperate in the investigation, I am of the view that the applicant deserves to be granted anticipatory bail in light of the decision of the Hon’ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his cooperation in the investigation. 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 ten 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. October 14, 2025 R.C. NABAIL No. 1490 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench