✦ High Court of India · 10 Oct 2025

State Of U.P. Thru. Prin. Secy. Home Lko vs Party(s)

Case Details High Court of India · 10 Oct 2025
Court
High Court of India
Decided
10 Oct 2025
Bench
SAURABH LAVANIA
Length
1,197 words

1. Heard the learned counsel appearing on behalf of the applicant as well as learned AGA for the State of U.P.

2. The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No. 0344 of 2025 under Sections 318(4), 338, 336(3), 340(2) BNS, Police Station- Mohanlalganj, District-Lucknow.

3. The submission of learned counsel for the applicant is that the applicant is an innocent person and he has falsely been implicated in the case.

4. It is stated that the applicant is the witness of the registered sale deed dated 02.07.2025 in relation to which an FIR No. 0344 of 2025 was lodged on 03.09.2025 at Police Station- Mohanlalganj, District-Lucknow and in connection with the applicant can be arrested and therefore it can be inferred that the crime, if any, has not been committed by the applicant.

5. It is further stated that for the purposes of cancellation of sale deed a suit i.e. Regular Suit No. 2069 of 2025 with regard to sale deed dated 02.07.2025 has been filed in the Court of Civil Judge, Junior Division, Havali, Lucknow and on the same subject, the Suit No. 1903 of 2025 has been filed by the purchaser namely Malkhan, of the property in issue, and Suit No. 2024 of 2025 has also been filed on the same subject.

6. Further stated that co-accused Sudhir @ Sudhir Kumar Rawat has not been arrested in pursuant to the order dated 24.09.2025 passed by this Court 2 NABAIL No. 1482 of 2025 in CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1313 of 2025, whereby this Court has allowed the said application. The order dated 24.09.2025 passed by this Court is reads as under:- "1. Heard Sri Mohd. Moqueem Farhan, learned counsel for the applicant, Sri Satyendra Srivastava, learned A.G.A. appearing on behalf of the State, Sri Surendra Kumar Mishra, the learned counsel for the complainant and perused the record.

2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.0344/2025, under Sections 318(4), 338, 336(3), 340(2) BNS, registered at Police Station- Mohanlalgaj, District- Lucknow.

3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.09.2025 against six named persons including the applicant, stating that the applicant executed a sale deed in respect of the complainant's land as the name and parentage of both of them are same.

4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

5. Learned counsel for the applicant has stated that upon coming to know about his mistake, he did not present the cheque for sale consideration in the Bank. He has filed a Regular Suit bearing No.2069/2025 in the Court of Learned Civil Judge, Junior Division, Havali, Lucknow for cancellation of the sale deed executed by him. Another Regular Suit bearing No.1903/2025 has been filed by the complainant in the same Court for cancellation of the sale deed as well as perpetual injunction.

6. The learned A.G.A. has opposed the anticipatory bail application and he has submitted that the allegations have been established during investigation and investigation in the present case is still going on.

7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact the applicant has no criminal history and the investigation is still going on. I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Sudhir @ Sudhir Kumar Rawat before the learned Trial Court in the aforesaid case crime, he shall be released on bail on furnishing a personal bond and two solvent sureties, each in the like amount, to the satisfaction of Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: 3 NABAIL No. 1482 of 2025 (i) that the applicant shall make themselves 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."

7. It is further stated that taking note of aforesaid facts of the case as also that the application of co-accused Sudhir @ Sudhir Kumar Rawat bearing No. CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1313 of 2025 has been allowed, the present applicant is also entitled to protection and the instant application is liable to be allowed.

8. Learned A.G.A. opposed in the instant application, however, he could not dispute the aforesaid facts.

9. Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

10. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Sujeet Kashyap @ Sujeet Kumar before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on their furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make themselves 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; 4 NABAIL No. 1482 of 2025 (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. October 10, 2025 Vinay/- (Saurabh Lavania,J.) VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench

1. Heard the learned counsel appearing on behalf of the applicant as well as learned AGA for the State of U.P.

2. The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No. 0344 of 2025 under Sections 318(4), 338, 336(3), 340(2) BNS, Police Station- Mohanlalganj, District-Lucknow.

3. The submission of learned counsel for the applicant is that the applicant is an innocent person and he has falsely been implicated in the case.

4. It is stated that the applicant is the witness of the registered sale deed dated 02.07.2025 in relation to which an FIR No. 0344 of 2025 was lodged on 03.09.2025 at Police Station- Mohanlalganj, District-Lucknow and in connection with the applicant can be arrested and therefore it can be inferred that the crime, if any, has not been committed by the applicant.

5. It is further stated that for the purposes of cancellation of sale deed a suit i.e. Regular Suit No. 2069 of 2025 with regard to sale deed dated 02.07.2025 has been filed in the Court of Civil Judge, Junior Division, Havali, Lucknow and on the same subject, the Suit No. 1903 of 2025 has been filed by the purchaser namely Malkhan, of the property in issue, and Suit No. 2024 of 2025 has also been filed on the same subject.

6. Further stated that co-accused Sudhir @ Sudhir Kumar Rawat has not been arrested in pursuant to the order dated 24.09.2025 passed by this Court 2 NABAIL No. 1482 of 2025 in CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1313 of 2025, whereby this Court has allowed the said application. The order dated 24.09.2025 passed by this Court is reads as under:- "1. Heard Sri Mohd. Moqueem Farhan, learned counsel for the applicant, Sri Satyendra Srivastava, learned A.G.A. appearing on behalf of the State, Sri Surendra Kumar Mishra, the learned counsel for the complainant and perused the record.

2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.0344/2025, under Sections 318(4), 338, 336(3), 340(2) BNS, registered at Police Station- Mohanlalgaj, District- Lucknow.

3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.09.2025 against six named persons including the applicant, stating that the applicant executed a sale deed in respect of the complainant's land as the name and parentage of both of them are same.

4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

5. Learned counsel for the applicant has stated that upon coming to know about his mistake, he did not present the cheque for sale consideration in the Bank. He has filed a Regular Suit bearing No.2069/2025 in the Court of Learned Civil Judge, Junior Division, Havali, Lucknow for cancellation of the sale deed executed by him. Another Regular Suit bearing No.1903/2025 has been filed by the complainant in the same Court for cancellation of the sale deed as well as perpetual injunction.

6. The learned A.G.A. has opposed the anticipatory bail application and he has submitted that the allegations have been established during investigation and investigation in the present case is still going on.

7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact the applicant has no criminal history and the investigation is still going on. I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Sudhir @ Sudhir Kumar Rawat before the learned Trial Court in the aforesaid case crime, he shall be released on bail on furnishing a personal bond and two solvent sureties, each in the like amount, to the satisfaction of Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: 3 NABAIL No. 1482 of 2025 (i) that the applicant shall make themselves 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."

7. It is further stated that taking note of aforesaid facts of the case as also that the application of co-accused Sudhir @ Sudhir Kumar Rawat bearing No. CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1313 of 2025 has been allowed, the present applicant is also entitled to protection and the instant application is liable to be allowed.

8. Learned A.G.A. opposed in the instant application, however, he could not dispute the aforesaid facts.

9. Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

10. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Sujeet Kashyap @ Sujeet Kumar before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on their furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make themselves 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; 4 NABAIL No. 1482 of 2025 (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. October 10, 2025 Vinay/- (Saurabh Lavania,J.) VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench

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