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2025 DAILYLAW 63507 (ALL)

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

NABAIL/4162/2025 · 2025-07-27

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:124627 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4162 of 2025 Applicant :- Balweer Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Piyush Kesharvani,Sarvesh Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by counsel for the applicant is taken on record. 2. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 479 of 2016, under Sections 420, 467, 468, 471 I.P.C., Police Station Bilaspur, District- Rampur, during the pendency of trial. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report, the alleged unregistered will was executed in the year 1986. The first information report was lodged on 26.7.2016. After investigation, final report was submitted in favour of the applicant before the concerned court. The informant filed a protest petition. By order dated 24.10.2017 the police report was rejected and the direction for further investigation was given. Again the investigation commenced and final report was submitted in favour of applicant. The said final report was accepted by the concerned court on 7.4.2023. Against the order dated 7.4.2023, the informant preferred a revision in the court of Additional Sessions Judge, Court No.2, Rampur, having Criminal Revision No.110 of 2023 (Harjeet Singh vs. State of U.P. and others). By order dated 4.5.2024 the said revision was allowed and the order dated 7.4.2023 was set aside. Pursuant thereto the investigation has again started. The investigation is pending for the last nine years. The applicant is co-operating in the investigation. The applicant has not forged or manipulated any documents. The case is purely civil in nature. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant, and the fact that the first information report was lodged belatedly; investigation is pending for the last nine years; the case is purely civil in nature; the applicant is co-operating in the investigation, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Balweer 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 applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 them from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 28.7.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad