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2025 DAILYLAW 26117 (ALL)

GOVIND TIWARI v. STATE OF U.P. AND ANOTHER

NABAIL/1846/2025 · 2025-07-24

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123010 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1846 of 2025 Applicant :- Govind Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyendra Pandey Counsel for Opposite Party :- G.A.,Vivekanand Yadav Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by the counsel for the applicant is taken on record. 2. Sri Aditya Prakash Singh, Advocate has filed Vakalatnama on behalf of the informant. The same is taken on record. 3. This application has been filed seeking anticipatory bail in Case Crime No.0670 of 2024, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station- Gorakhnath, District Gorakhpur. 4. Prosecution story in brief, states that the applicant on the pretext of providing job to the son of the informant had taken Rs.2 lakhs in cash and Rs.6 lakhs through a digital transaction in his bank account from the informant's nephew-Vaibhav Kumar Yadav. After two years, the applicant provided an appointment letter, which was later on found to be forged. 5. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The first information report has been lodged belatedly. In fact the amount credited in the bank account of the applicant is a part of consideration pursuant to an agreement to sell executed on 25.11.2021 by Smt. Manbhavati Devi in favour of the nephew of the informant-Vaibhav Kumar Yadav. In the said agreement, the applicant is the witness. The dispute is purely civil in nature. Investigation is pending. The applicant has apprehension of his arrest in the above mentioned case. 6. Learned A.G.A. and counsel for the informant have opposed the prayer for bail. 7. After having heard learned counsel for the parties and having perused the record, this Court prima facie finds that an amount of Rs.6 lakhs was credited in the account of the applicant from 07.01.2022 to 14.01.2022. The agreement to sell dated 25.11.2021, at this stage cannot be linked to the present offence. The transfer of funds amounting to Rs.6 lakhs in the account of applicant suggests that he had a dishonest intention from the very inception. 8. The offence is grave. There is likelihood that the applicant committed the offence. 9. In my opinion, this is not an appropriate case for grant of anticipatory bail. Hence, this application is hereby rejected, leaving it open to the applicant to apply for regular bail before the concerned court, which application when filed, may be considered on its own merits, without being prejudiced by any observation made in this order. Order Date :- 25.7.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad