AASAMAN DUTT MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/12421/2025 · 2025-12-11
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 203198 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 203198 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12421 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 767 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C., registered at Police Station Kotwali Nagar, District Gonda. The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.09.2021 against four persons, including the applicant, stating that after the death of the informant's father, co-accused Rekha Devi obtained a sale deed in respect of his properties executed on 16.09.2013 by putting up some imposter. A Case Crime No.352 of 2014, was lodged by the informant in this regard under Sections 419, 420, 467, 468, 471, 506 I.P.C. Police Station Kotwali Nagar, District Gonda, but thereafter the co-accused Rekha Devi executed three sale deeds in respect of the land in question on 31.01.2014, 07.04.2014 and 02.01.2021. The applicant and the co- accused Asman Dutt have witnessed the execution of the sale deed. Learned counsel for the applicant submits that co-accused Jagmohan, who was also a marginal witness, has been granted bail by a Coordinate Bench of this Court. Another co-accused, Smt. Rekha Devi, has also been granted bail vide order dated 21.09.2023 passed in Bail Application No. 11372 of 2023. The applicant seeks parity with the said bail orders, as both the co-accused have been Versus Counsel for Applicant(s) : Sheo Kumar Verma Counsel for Opposite Party(s) : G.A. Aasaman Dutt Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
assigned a similar role of marginal witnesses in the sale deed. The charge-sheet in this case has already been filed. The applicant has duly explained the criminal history of one case in paragraph 8 of the bail application. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the bail prayer of the applicant and submitted that after filing of the charge-sheet, re-investigation has been directed. I have considered the arguments advanced by learned counsel for the parties as well as perused the record.
On due consideration of the facts that the role assigned to the applicant appears to be similar to that of co-accused Jagmohan and Rekha Devi, coupled with the fact that the offence is triable by a Magistrate; the applicant is in custody since 04.11.2025; and he has duly explained the criminal history of one case, and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Aasaman Dutt Mishra, involved in the aforesaid FIR/Case crime number, be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be BAIL No. 12421 of 2025 2
imposed. 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. December 11, 2025 Madhu D.R/P.S BAIL No. 12421 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench