High Court · 2025

1. Heard Shri Ambika Prasad, learned counsel for the applicants and Shri Jayant Singh Tomar, learned A.G.A.-I for the State.

2. The applicants were granted interim anticipatory bail by means of the following order passed by the Co-ordinate Bench of this Court on 11.07.2025: "Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record. The present application under Section 438 Cr.P.C./482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 407 of 2015, under Sections 420,467,477-A,120-B,109 of IPC, P.S.- Kotwali Nagar, District- Bahraich. In the prosecution case, it is alleged that 62 accused persons by committing forgery in Chakbandi Akar Patra 45 in connivance with the revenue officers have got it registered in their names. It is further alleged that they have made an endeavour to usurp the public land. Learned counsel for the applicants submits that general allegations have been levelled against all the accused persons including the applicants. Out of 62 accused persons, some accused persons namely, Anita Devi, Reeta Devi, Anil Kumar and Dinesh Kumar; Smt. Hem Lata Mishra @ Hema Mishra,Smt. Kusum Lata Mishra, Smt. Manju Devi Shukla, Rama Kant Mishra and Santosh Kumar Mishra; and Rajesh Kumar Upadhyaya @ Rajesh Kumar, Mojama @ Smt. Mojjima, Abdul Wahid and Naseem Ahmad @ Naseem have been granted anticipatory bail by this Court vide orders dated 12.9.2024, 27.9.2024 and 18.2.2025 passed in Criminal Misc. Anticipatory Bail Application Nos. 1778 of 2024, 1764 of 2024 and 228 of 2025 respectively, which are enclosed as Annexure-4 of the anticipatory bail application. It is further submitted that the offences are triable by a Magistrate. Charge-sheet in the case has been filed. The applicants have never absconded and undertake to cooperate in the trial. Learned counsel undertakes to explain the criminal history of the applicants by next date. Learned AGA has opposed the anticipatory bail application. Two weeks' time is allowed to file objections/ counter affidavit. Issue notice to respondent No.2. Steps be taken within a week. List this case on 1.8.2025 as fresh. By that time, learned counsel for the applicants shall file supplementary affidavit explaining criminal history of the applicants. On due consideration to the prosecution version stated in the FIR; the anticipatory bail orders of the co-accused persons so also the fact that the offences are triable by a Magistrate; charge-sheet in the case has been filed; general allegations have been levelled against all the accused persons; and the undertaking given on behalf of the applicants to cooperate with the trial, this Court is of the considered view that the applicants are entitled to be granted interim anticipatory bail in view of the judgment of the Hon'ble Supreme Court in re: Musheer Alam vs. State of U.P. and another, decided on 17.01.2025 vide S.L.P. (Crl.) No. 18081 of 2024, subject to their continued cooperation in the trial. In view of the above, the accused-applicants- Santosh Kumar, Shankar Dayal, Vineet Kumar Dixit, Lal Ji, Karuna Kar Shukla, Bal Govind, Satish Kumar, Sankat Mochan Shukla, Sandip Kumar Shukla, Rajendar, Ram Chandra, Pawan Kumar, Aravind Mishra, Sujit Kumar Pandey, Alok Pandey and Satyendra Kumar Shukla are directed to surrender before the trial court within a period of ten days from the date of certified copy of this order. Upon their surrender, the trial court shall release them on interim anticipatory bail, subject to their furnishing personal bonds and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicants shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicants shall not travel outside India without prior permission from the Court; (iii) The applicants shall not attempt to influence or intimidate any prosecution witness; (iv) The applicants shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicants; It is clarified that the observations made while granting bail shall not, in any manner, influence the trial court in forming its independent opinion based on the evidence and testimonies presented during the course of trial."

3. While granting the interim anticipatory bail to the applicants, notice was issued to the opposite party No.2.

4. Shri Amit Kumar Awasthi, Advocate had put in appearance on behalf of the complainant by filing his vakalatnama on

01.01.2025. However, he has not filed any counter affidavit or objections against the anticipatory bail application.

5. Learned counsel for the complainant is not present to oppose the anticipatory bail application.

6. The State has filed a counter affidavit annexing therewith a report of DCRB, as per which, the applicant is involved in another criminal case which has already been disclosed by the applicants in the supplementary affidavit filed on behalf of them.

7. The learned A.G.A. does not allege violation of any condition of interim anticipatory bail granted to the applicants.

8. Keeping in view of the aforesaid facts and circumstances, there is nothing which may persuade this Court from taking a different view than the one taken by the Co-ordinate Bench of this Court while granting interim anticipatory bail to the applicants.

9. Accordingly, the anticipatory bail application is allowed. The interim order dated 11.07.2025 is made absolute in terms of the aforesaid order. Order Date :- 18.8.2025 S. Shivhare SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Shri Ambika Prasad, learned counsel for the applicants and Shri Jayant Singh Tomar, learned A.G.A.-I for the State.

2. The applicants were granted interim anticipatory bail by means of the following order passed by the Co-ordinate Bench of this Court on 11.07.2025: "Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record. The present application under Section 438 Cr.P.C./482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 407 of 2015, under Sections 420,467,477-A,120-B,109 of IPC, P.S.- Kotwali Nagar, District- Bahraich. In the prosecution case, it is alleged that 62 accused persons by committing forgery in Chakbandi Akar Patra 45 in connivance with the revenue officers have got it registered in their names. It is further alleged that they have made an endeavour to usurp the public land. Learned counsel for the applicants submits that general allegations have been levelled against all the accused persons including the applicants. Out of 62 accused persons, some accused persons namely, Anita Devi, Reeta Devi, Anil Kumar and Dinesh Kumar; Smt. Hem Lata Mishra @ Hema Mishra,Smt. Kusum Lata Mishra, Smt. Manju Devi Shukla, Rama Kant Mishra and Santosh Kumar Mishra; and Rajesh Kumar Upadhyaya @ Rajesh Kumar, Mojama @ Smt. Mojjima, Abdul Wahid and Naseem Ahmad @ Naseem have been granted anticipatory bail by this Court vide orders dated 12.9.2024, 27.9.2024 and 18.2.2025 passed in Criminal Misc. Anticipatory Bail Application Nos. 1778 of 2024, 1764 of 2024 and 228 of 2025 respectively, which are enclosed as Annexure-4 of the anticipatory bail application. It is further submitted that the offences are triable by a Magistrate. Charge-sheet in the case has been filed. The applicants have never absconded and undertake to cooperate in the trial. Learned counsel undertakes to explain the criminal history of the applicants by next date. Learned AGA has opposed the anticipatory bail application. Two weeks' time is allowed to file objections/ counter affidavit. Issue notice to respondent No.2. Steps be taken within a week. List this case on 1.8.2025 as fresh. By that time, learned counsel for the applicants shall file supplementary affidavit explaining criminal history of the applicants. On due consideration to the prosecution version stated in the FIR; the anticipatory bail orders of the co-accused persons so also the fact that the offences are triable by a Magistrate; charge-sheet in the case has been filed; general allegations have been levelled against all the accused persons; and the undertaking given on behalf of the applicants to cooperate with the trial, this Court is of the considered view that the applicants are entitled to be granted interim anticipatory bail in view of the judgment of the Hon'ble Supreme Court in re: Musheer Alam vs. State of U.P. and another, decided on 17.01.2025 vide S.L.P. (Crl.) No. 18081 of 2024, subject to their continued cooperation in the trial. In view of the above, the accused-applicants- Santosh Kumar, Shankar Dayal, Vineet Kumar Dixit, Lal Ji, Karuna Kar Shukla, Bal Govind, Satish Kumar, Sankat Mochan Shukla, Sandip Kumar Shukla, Rajendar, Ram Chandra, Pawan Kumar, Aravind Mishra, Sujit Kumar Pandey, Alok Pandey and Satyendra Kumar Shukla are directed to surrender before the trial court within a period of ten days from the date of certified copy of this order. Upon their surrender, the trial court shall release them on interim anticipatory bail, subject to their furnishing personal bonds and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicants shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicants shall not travel outside India without prior permission from the Court; (iii) The applicants shall not attempt to influence or intimidate any prosecution witness; (iv) The applicants shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicants; It is clarified that the observations made while granting bail shall not, in any manner, influence the trial court in forming its independent opinion based on the evidence and testimonies presented during the course of trial."

3. While granting the interim anticipatory bail to the applicants, notice was issued to the opposite party No.2.

4. Shri Amit Kumar Awasthi, Advocate had put in appearance on behalf of the complainant by filing his vakalatnama on

01.01.2025. However, he has not filed any counter affidavit or objections against the anticipatory bail application.

5. Learned counsel for the complainant is not present to oppose the anticipatory bail application.

6. The State has filed a counter affidavit annexing therewith a report of DCRB, as per which, the applicant is involved in another criminal case which has already been disclosed by the applicants in the supplementary affidavit filed on behalf of them.

7. The learned A.G.A. does not allege violation of any condition of interim anticipatory bail granted to the applicants.

8. Keeping in view of the aforesaid facts and circumstances, there is nothing which may persuade this Court from taking a different view than the one taken by the Co-ordinate Bench of this Court while granting interim anticipatory bail to the applicants.

9. Accordingly, the anticipatory bail application is allowed. The interim order dated 11.07.2025 is made absolute in terms of the aforesaid order. Order Date :- 18.8.2025 S. Shivhare SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench