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2025 DAILYLAW 58600 (ALL)

UMASHANKAR SINGH v. STATE OF U.P. AND ANOTHER

NABAIL/3827/2025 · 2025-05-15

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81624 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3827 of 2025 Applicant :- Umashankar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harendra Yadav,Sheshadri Trivedi Counsel for Opposite Party :- Adil Jamal,G.A.,Shabeh Jamal Hon'ble Vivek Varma,J. 1. Case called out in the revised list. Counsel for the informant is not present. 2. Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the material placed on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 16 of 2025, under Sections 419, 420, 467, 468, 471 IPC, Police Station Maharajganj, District Azamgarh. 4. Learned counsel for the applicant submits that at the relevant time the applicant was Kanungo of the concerned area and has been falsely implicated in the instant case. The case is purely civil in nature. Civil proceedings between the ancestors of Late Kailash Pati and the first informant with regard to the land in dispute are pending before the Civil Judge (Jr. Div.) Haveli, Azamgarh numbered as Suit No. 2212 of 2024 (Harendra Pathak and others Vs. Surendra Shukla and others). The applicant had submitted his report in proceedings under Section 34 of U.P. Land Revenue Code, 2006. The said report was submitted in discharge of his official duties. At this stage there is no credible evidence to link the applicant with the offence. Identically placed co-accused Sunil Patel has been granted anticipatory bail till submission of police report by this Court vide order dated 17.04.2025 passed in Criminal Misc. Anticipatory Bail Application No.2917 of 2025. The applicant claims parity. The applicant has no criminal antecedents. It is next submitted that the investigation is pending and the applicant has apprehension of his arrest in the above mentioned case. 5. Learned AGA for the State has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular the fact, that the case is purely civil in nature; civil proceedings between the ancestors of Late Kailash Pati and the first informant with regard to the land in dispute are pending before the Civil Judge (Jr. Div.) Haveli, Azamgarh numbered as Suit No. 2212 of 2024 (Harendra Pathak and others Vs. Surendra Shukla and others); at this stage there is no substantive evidence to link the applicant with the offence, identically placed co-accused Sunil Patel has been granted anticipatory bail till submission of police report by this Court, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 8. In the event of arrest, the applicant- Umashankar Singh be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (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 him from disclosing such facts to the Court or to any police officer; (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 S.S.P./S.P. concerned. 9. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 10. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 11. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 12. The application stands disposed of. Order Date :- 16.5.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad