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2025 DAILYLAW 36374 (ALL)

ARCHANA MAHADEV LAVAND ALIAS ARCHANA LAWADE v. STATE OF U.P.

BAIL/11270/2025 · 2025-08-21

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144714 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11270 of 2025 Applicant :- Archana Mahadev Lavand Alias Archana Lawade Opposite Party :- State of U.P. Counsel for Applicant :- Balbeer Singh,Jaswant Singh Counsel for Opposite Party :- Akhilesh Kumar Tiwari,Amit Kumar Srivastava,G.A.,Jitendra Kumar Maurya Hon'ble Dr. Gautam Chowdhary,J. 1. Sri Mahendra Kumar Yadav, learned counsel has filed his power on behalf of the informant today in the Court, is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A for the State and perused the record. 3. Learned counsel for the applicant submits that in the year 2022, the applicant lodged a first information report against the first informant of the instant case in Case Crime No. 147 of 2022 under Sections 420, 467, 468, 471, 427, 323, 504, 506, 452, 354 (Kha) I.P.C., with respect to fraud committed by the informant and others by preparing the possession letter after taking consideration of Rs. 12,00,000/- in three intallments, in which after investigation charge sheet dated 11.06.2022 has been filed against the first informant of the case as well as her husband. Learned counsel further argued that on 14.08.2024, the first informant of the case lodged the F.I.R., against the applicant that he has taken possession of the flat in question on the basis of fake possession letter. Learned counsel further argued that in fact the applicant has been cheated and that the dispute is purely of civil nature which has been dragged into criminal prosecution of the applicant. It is thus contended that the applicant has been falsely implicated in the present case due to ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 25.12.2024. 4. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 5. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 6. Let applicant Archana Mahadev Lavand @ Archana Lawade involved in Case Crime No.213 of 2024 under Sections 420, 467, 468, 471, 120-B, 504, 506 I.P.C., Police Station Sadar Bazar, District Mathura, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 7. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 8. The bail application is allowed. Order Date :- 22.8.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad