High Court · 2025

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 003 of 2023, under sections 419, 420, 467, 468 and 471 of IPC P.S.- S.I.T. District - Lucknow. From perusal of the order sheet, it appears that on 20.1.2025, following order was passed wherein the present applicant has been granted interim anticipatory bail:- “Heard learned counsel for the applicant, learned counsel for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No.003 of 2023, under sections 419, 420, 467, 468 and 471 of IPC P.S.- S.I.T. District - Lucknow. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive.He submits that the matter pertains to the year 2000, wherein, a registered sale deed which is said to be a fake one, was got executed in favour of one Santram and thereafter, under the impression that the land in question belongs to Santram, the co-accused namely, Arvind @ Arvind Kumar also got executed an agreement to sale in his favour whereupon the applicant is a marginal witness. He added that there is no criminal intent to commit any offence and fact remains that as soon as the fact with respect to the fake registered sale came into the knowledge of co-accused, Arvind @ Arvind Kumar, the sale consideration was returned back and no sale deed was ever executed. He further submits that the applicant has no previous criminal history and he is cooperating in the investigation proceedings and there is an apprehension that the police will arrest him without his any fault and thus, submission is that the applicant may be granted interim anticipatory bail. Learned counsel appearing for the State has vehemently opposed the submissions aforesaid and submits that matter pertains to be investigated by S.I.T. and the applicant was found involved in committing offence and as such, he is not entitled for any relief. Considering the submissions of counsels for the parties and after perusal of material placed on record, it transpires that the applicant is a marginal witness of the sale to agreement in between Santram and Arvind @ Arvind Kumar on basis of alleged forged sale deed executed in between the vendor and Santram, though there seems to be no knowledge to the present applicant with respect to any fake registered document with respect to the sale deed. This court has taken note of the fact that the applicant has no previous history and the co-accused namely Arvind @ Arvind Kumar, has already been granted interim proection by this court vide order dated 19-11-2024 passed in Criminal Misc. Anticipatory Bail No. 2577 of 2024. Learned counsel for the State also could not substantiate that the applicant is not cooperating in the investigation proceedings and there is an apprehension of arrest of the applicant as is stated by the learned counsel for the applicant In view of the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant Brijesh Tiwari @ Brijesh Kumar Tiwari shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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 or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. List/put up this matter in third week of February 2025. . In the meantime, the State counsel shall file the counter affidavit.” State counsel has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceedings or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Brijesh Tiwari @ Brijesh Kumar Tiwari till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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 or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this order. Order Date :- 27.2.2025 Shravan SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 003 of 2023, under sections 419, 420, 467, 468 and 471 of IPC P.S.- S.I.T. District - Lucknow. From perusal of the order sheet, it appears that on 20.1.2025, following order was passed wherein the present applicant has been granted interim anticipatory bail:- “Heard learned counsel for the applicant, learned counsel for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No.003 of 2023, under sections 419, 420, 467, 468 and 471 of IPC P.S.- S.I.T. District - Lucknow. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive.He submits that the matter pertains to the year 2000, wherein, a registered sale deed which is said to be a fake one, was got executed in favour of one Santram and thereafter, under the impression that the land in question belongs to Santram, the co-accused namely, Arvind @ Arvind Kumar also got executed an agreement to sale in his favour whereupon the applicant is a marginal witness. He added that there is no criminal intent to commit any offence and fact remains that as soon as the fact with respect to the fake registered sale came into the knowledge of co-accused, Arvind @ Arvind Kumar, the sale consideration was returned back and no sale deed was ever executed. He further submits that the applicant has no previous criminal history and he is cooperating in the investigation proceedings and there is an apprehension that the police will arrest him without his any fault and thus, submission is that the applicant may be granted interim anticipatory bail. Learned counsel appearing for the State has vehemently opposed the submissions aforesaid and submits that matter pertains to be investigated by S.I.T. and the applicant was found involved in committing offence and as such, he is not entitled for any relief. Considering the submissions of counsels for the parties and after perusal of material placed on record, it transpires that the applicant is a marginal witness of the sale to agreement in between Santram and Arvind @ Arvind Kumar on basis of alleged forged sale deed executed in between the vendor and Santram, though there seems to be no knowledge to the present applicant with respect to any fake registered document with respect to the sale deed. This court has taken note of the fact that the applicant has no previous history and the co-accused namely Arvind @ Arvind Kumar, has already been granted interim proection by this court vide order dated 19-11-2024 passed in Criminal Misc. Anticipatory Bail No. 2577 of 2024. Learned counsel for the State also could not substantiate that the applicant is not cooperating in the investigation proceedings and there is an apprehension of arrest of the applicant as is stated by the learned counsel for the applicant In view of the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant Brijesh Tiwari @ Brijesh Kumar Tiwari shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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 or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. List/put up this matter in third week of February 2025. . In the meantime, the State counsel shall file the counter affidavit.” State counsel has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceedings or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Brijesh Tiwari @ Brijesh Kumar Tiwari till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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 or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this order. Order Date :- 27.2.2025 Shravan SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench