Awanish Pandey v. State of U.P. Thru. Prin. Secy. Home, Lucknow

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12125 of 2023 Applicant :- Awanish Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow Counsel for Applicant :- Virendra Kumar Arya Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Virendra Kumar Arya, the learned counsel for the applicant, Sri Triveni Prasad, learned A.G.A for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 533 of 2022, under Sections 420, 406, 467, 468, 471, 109 IPC, Police Station Kotwali City, District Barabanki.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on04.06.2023 against one Sanjay Singh Singla and Antim Shukla, stating that the informant had purchased a plot of land from co-accused Sanjay Singh Singla, proprietor Singla Developers in the year 2014 but physical possession of the land was not delivered to him.

¶4In the affidavit filed in support of the application, it has been stated that the applicant had no role to play in any transaction of the money, execution of the sale deed or delivery of possession and he was merely working as an employee/ care taker of the main accused Sanjay Singh Singla. The applicant's involvement in 10 other cases has been disclosed in para 21 of the affidavit, all of which are of similar nature and the applicant has been granted bail in one of the case.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the sale deed in question was executed in the year 2014; FIR alleging non delivery of possession has been filed in the year 2022 and apparently no civil proceedings have been initiated by the informant for recovery of possession; that the applicant is neither director nor any other principal position holder in the company, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Awanish Pandey be released on bail in Case Crime No. 533 of 2022, under Sections 420, 406, 467, 468, 471, 109 IPC, Police Station Kotwali City, District Barabanki on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court.. Order Date :- 13.10.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench