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2025 DAILYLAW 32353 (ALL)

NAVMI PRASAD AND ANOTHER v. STATE OF U.P.

NABAIL/2253/2025 · 2025-04-03

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:47621 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2253 of 2025 Applicant :- Navmi Prasad And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Tiwari,Sangam Lal Kesharwani Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicants and Sri V.P.Tripathi, learned AGA for the State and perused the material on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 191 of 2022, under Sections 419, 420, 467, 468, 120-B IPC, Police Station Chunar, District Mirzapur. 3. Counsel for the applicants contends that the the applicants have been falsely implicated in the present case. The applicants are claiming possession on the land in dispute on the basis of registered will, whereas the informant is claiming right on the basis of deed from the original owner Dashrath. The case is purely civil in nature. Further, the proceedings under Section 34 of U.P. Revenue Code, 2006 are also pending before the Tehsildar Chunar, District Mirzapur. During the pendency of investigation, the applicants were granted protection by this Court vide order dated 09.09.2022 passed in Criminal Misc. Writ Petition No. 12095 of 2022 (Sudama Devi and another Vs. State of U.P. and 2 others). At this stage there is no credible evidence against the applicants. Investigation has been completed. Charge sheet has been submitted. The applicants had co-operated in the investigation. The applicants have been summoned by the concerned court. No custodial interrogation is required. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are released on anticipatory bail till conclusion of trial, they will not misuse the said liberty. 4. Learned A.G.A. has 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 applicants, considering the nature of accusations and antecedents of the applicants, in particular of the fact, that the case is purely civil in nature, the proceedings under Section 34 of U.P. Revenue Code, 2006 are also pending before the Tehsildar Chunar, District Mirzapur, during the pendency of investigation, the applicants were granted protection by this Court, at this stage, there is no substantive evidence against the applicants, charge sheet has been submitted, the applicants had co-operated in the investigation, no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicants Navmi Prasad and Smt. Sudama Devi, 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 applicants shall make themselves available on each date fixed in the matter by the court concerned; (ii) the applicants 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 applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the concerned court. 7. 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 :- 4.4.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad