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2025 DAILYLAW 201741 (ALL)

SUNIL YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO.

BAIL/9807/2025 · 2025-10-15

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9807 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that a transaction between the complainant and the accused persons was agreed upon for a plot of land situated in Ayodhya at the rate of Rs. 17.05 lakh per bigha. It is further alleged that the complainant paid an advance of Rs. 2.5 lakh for the land proposed to be sold. The named accused persons are alleged to have impersonated the original owner of the land, Keshav Ram, son of Ram Tej, and, by committing forgery, including preparing a forged Aadhar card of the landowner and opening a bank account in his name, received payments in their account. Specifically, it is alleged that the complainant transferred Rs. 95,000 twice on 22.12.2024 and 30.12.2024, and an additional Rs. 60,000 in favour of the accused persons. Learned counsel for the applicant submits that co-accused Tilak Ram, who was assigned a similar role, has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 15.09.2025 in Criminal Misc. Anticipatory Bail Application No. 12241 of 2024. The Division Bench of this Court also granted protection to co-accused persons, namely Ajay Yadav and another, while passing the interim order dated 09.07.2025 in Writ Petition No. 5942 of 2025. Versus Counsel for Applicant(s) : Manoj Kumar Nishad, Anand Pratap Singh Counsel for Opposite Party(s) : G.A. Sunil Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. .....Opposite Party(s) It is further submitted that the offences are triable by a Magistrate. The applicant has explained the criminal history of one case in paragraph 19 of the bail application and is in judicial custody since 09.08.2025. The investigation is still ongoing. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA has opposed the bail application, submitting that the original owner of the land, Keshav Ram, son of Ram Tej, supports the prosecution case. It is further alleged that the accused used forged documents in the names of Keshav Ram and his deceased uncle to sell the land and accepted advance money from one Amit Kumar Tripathi. Considering that the investigation is ongoing, co-accused have been granted anticipatory bail, the offences are triable by a Magistrate, and the applicant is in custody since 09.08.2025, I am of the view that this is a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Sunil Yadav involved in Case Crime No.116 of 2025, under Sections 316(2), 336(3), 338, 318(3) B.N.S., registered at Police Station Nawabganj, District Gonda, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek BAIL No. 9807 of 2025 2 any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. October 15, 2025 R.C. BAIL No. 9807 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench