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2025 DAILYLAW 201692 (ALL)

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

ABAIL/1152/2025 · 2025-10-15

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. - 1152 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.0122 of 2023 under sections 419, 467, 468, 471 I.P.C., P.S. Kotwali Nanpara, district Bahraich. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. Notice to respondent No.2 is dispensed with. 3.Learned counsel for the applicant submits that the allegation of preparing forged compromise deed is on the co-accused Udayveer, Krishan Kumar, Santosh Kumar and Furkan. The applicant is only a marginal witness of the aforesaid deed. The co-accused Furkan has been granted anticipatory bail by a coordinate Bench of this court vide order dated 25.9.2025 passed in Anticipatory Bail No.1077 of 2025. Case of the applicant is on better footing than that of the co-accused, Furkan. The applicant has no criminal history. The dispute between the parties is primarily civil in nature. The offences are triable by Magistrate. It is also submitted that after investigation, the investigating officer has submitted a closure report and thereafter on a protest application filed by the complainant, further investigation was directed. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. Versus Counsel for Applicant(s) : Ratnesh Singh, Pranav Mishra, Rahul Kumar Shukla Counsel for Opposite Party(s) : G.A. Ajay .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) 4. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 5.Considering the above aspects of the matter, perusal of the record, it appears that some civil litigation is pending between the complainant and other accused persons, earlier closure report was filed by the investigating officer, bail order of Furkan, referred to above, and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 6. 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 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 trial court. The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant 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. 7. In case of default, it would be open for the trial court to proceed in accordance with law. 8. The application is allowed accordingly. October 15, 2025 kkb/ ABAIL No. 1152 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench