Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 34168 (ALL)

MAHESHCHAND AND ANOTHER v. STATE OF U.P. AND ANOTHER

NABAIL/2477/2025 · 2025-03-31

Vivek Varma

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:44429 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2477 of 2025 Applicant :- Maheshchand And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nitin Kumar,Rajendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicants and Sri Dinesh Tiwari, learned AGA for the State- opposite party, and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Criminal Case No. 133 of 2025, arising out of Case Crime No. 540 of 2024, under Sections 318(4), 338, 340(2), 336(3), 61(2) B.N.S., Police Station Chandpur, District Bijnor, pending in the Court of the Additional Chief Judicial Magistrate, Bijnor. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the instant case. The name of the applicants were entered in the mutation records in the year 2017. Thereafter the applicant no. 1 had gifted his parcel of land to his two daughters Archana Devi and Poonam Rani. Thereafter the applicants instituted a civil suit, being Original Suit No. 107 of 2024, Mahesh Chandra and others v. Subhash Chandra and others, in the Court of the Civil Judge (Junior Division), Chandpur, Bijnor for restraining the informant and others from interfering in their possession. The said suit is still pending consideration. It is next contended that the case is purely civil in nature. During the course of investigation the applicants were granted protection till submission of police report, by this Court vide order dated 29.11.2024 passed in Criminal Misc. Writ Petition No. 21762 of 2024, Maheshchand and others v. State of U.P. and others. The investigation has been completed. The applicants had cooperated in the investigation. Charge-sheet has been submitted. No custodial interrogation is required. The applicants have been summoned by the court concerned. The applicants have no criminal history. The applicants have apprehension of their arrest in the above mentioned case. 4. Learned A.G.A. 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 and, in particular, the fact that the case is purely civil in nature; civil suit is pending between the parties; during the course of investigation the applicants were granted protection till the submission of police report; the investigation has been completed and the applicants 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 applicants are entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicants- Maheshchand and Sudama Singh, 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 and every 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. 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 :- 1.4.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad