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2025 DAILYLAW 94850 (ALL)

UMARJAN v. STATE OF U.P. AND ANOTHER

NABAIL/7489/2025 · 2025-09-24

Vivek Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7489 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 320 of 2024, under sections 420, 467, 468, 471, 120B of I.P.C., Police Station- Civil Lines, District- Muzaffar Nagar. 3. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. The applicant and informant belong to the same family. Against the order passed by the Consolidation Officer dated 02.07.2018, the applicant preferred an appeal before the Settlement Officer, Tehshil- Sadar, District- Muzaffar Nagar. In the said proceedings/appeal, a compromise deed dated 18.03.2023 was produced. The applicant was one of the signatories of the said deed. The applicant was duly identified by the co-accused, Neera Chaudhary, Advocate. On the basis of the said compromise deed, the appeal was decided by the co-accused, Rakesh Kumar Sagar on 20.03.2023. No revision was preferred against the order passed by the Settlement Officer of Consolidation. It is contended that the applicant has not forged or manipulated any documents. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In Versus Counsel for Applicant(s) : Rizwan Ullah Siddiqui Counsel for Opposite Party(s) : G.A. Umarjan .....Applicant(s) State of U.P. and Another .....Opposite Party(s) case, the applicant is granted anticipatory bail, he 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, considering the nature of accusations, antecedents of the applicant and the fact that the applicant was not named in the first information report; against the order passed by the Consolidation Officer dated 02.07.2018, the applicant preferred an appeal before the Settlement Officer, Tehshil- Sadar, District- Muzaffar Nagar; in the said proceedings/appeal, a compromise deed dated 18.03.2023 was produced. The applicant was one of the signatories of the said deed. The applicant was duly identified by the co-accused, Neera Chaudhary, Advocate; on the basis of the said compromise deed, the appeal was decided by the co-accused, Rakesh Kumar Sagar on 20.03.2023; no departmental proceedings has been instituted against the co-accused, Rakesh Kumar Sagar; no revision was preferred against the order passed by the Settlement Officer of Consolidation; at this stage, there is no substantive evidence against the applicant, charge-sheet has been filed, the applicant 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 applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Umarjan, 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 make himself available on each date fixed in the matter by the court concerned; (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 from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the NABAIL No. 7489 of 2025 2 Court and if he has passport the same shall be deposited by him 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. September 25, 2025 Sachin Mishra NABAIL No. 7489 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad