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2025 DAILYLAW 23281 (ALL)

UDAY NARAYAN LAL v. STATE OF U.P.

NABAIL/1686/2025 · 2025-04-22

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61226 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1686 of 2025 Applicant :- Uday Narayan Lal Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri Anupam Anand, learned Brief Holder for the State- opposite party, and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. C 33 of 2004, under Sections 419, 420, 467, 468, 471, 120B I.P.C., Police Station Chandauli, District Chandauli. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The first information report has been lodged pursuant to order dated 27.09.2004 passed in application under Section 156(3) Cr.P.C.. The said order was challenged by the applicant by filing Criminal Revision No. 5279 of 2004. This Court vide order dated 08.12.2004 dismissed the revision and directed that during the period of investigation the applicant shall not be arrested. It is contended that thereafter charge-sheet was filed against the applicant and the applicant was summoned. The applicant had no knowledge about the pendency of the proceedings before the concerned court. The order-sheet does not reflect that the summons issued by the court concerned were served upon the applicant. It is next contended that the case is purely civil in nature. The informant vide registered gift-deed dated 12.07.2004 gifted the disputed land to the applicant. Thereafter vide sale-deed dated 13.04.2016 the applicant sold the land in favour of the third party. The informant was a witness to the said sale-deed. In such circumstances, it is contended that at present no dispute survives between the parties. The applicant has no criminal antecedents. The applicant had cooperated in the investigation. Charge-sheet has been submitted. No custodial interrogation is required. The applicant has apprehension of his arrest in the above mentioned case. 4. Learned Brief Holder for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that the case is purely civil in nature, the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant- Uday Narayan Lal, involved in the aforesaid case crime, be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available on each and every date fixed in the matter by the court concerned; (ii) 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 from disclosing such facts to the Court; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court. 7. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 23.4.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad