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2025 DAILYLAW 202459 (ALL)

ANURAG SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

ABAIL/1174/2025 · 2025-10-28

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. - 1174 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.188 of 2019 under sections 409, 420, 467, 468, 471, 120-B I.P.C., P.S. Purwa, district Unnao. 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 applicant took loan on 30.10.2017 for purchasing a part of house No.528 M.I.G., Awas Vikas Yojana, Kalyan Kapur belonging to one Kamla Devi, for which a sale agreement was executed by Kamla Devi. The total amount for sale consideration was Rs.65 lacs. Loan was approved by the bank and the loan amount of Rs.48 lacs was sanctioned in favour of the applicant and at the instance of the applicant, a demand draft of Rs.56 lacs was issued in favour of Kamla Devi. However, Kamla Devi did not execute the sale deed in favour of the applicant. Therefore, the property in question could not be hypothecated to the bank. 4.Learned counsel for the applicant submits that the dispute is purely civil in nature. In similar circumstance, Savita Srivastava has been granted anticipatory bail vide order dated 23.9.2025 passed in anticipatory Bail No.1028 of 2025 (page 34 of the paper book). Versus Counsel for Applicant(s) : Pranjal Jain, Purnendu Chakravarty Counsel for Opposite Party(s) : G.A. Anurag Srivastava .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Learned counsel for the applicant undertakes that the applicant shall further cooperate in the investigation. 5.Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel but could not dispute the argument advanced by learned counsel for the applicant. 6.Considering the above aspects of the matter, the fact that the applicant has no criminal history, he has been cooperating in the investigation which is pending for the last six years, bail order of the co-accused, as referred to above, the undertaking given on behalf of the applicant that he will further cooperate in the investigation, 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. 9.In view of the above, as an interim protection, it is provided that in the event of arrest, the applicant shall be released on interim 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 seven 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. 10.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. 11.The application is allowed. October 28, 2025 kkb/ ABAIL No. 1174 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench