Salik Ram and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2398 of 2023 Applicant :- Salik Ram And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Chhote Lal Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Chhote Lal Yadav, the learned counsel for the applicants as well as Sri Gyanendra Singh, the learned Additional Government Advocate appearing on behalf of the State and perused the records.

¶2The instant application has been filed by the applicants seeking anticipatory bail in F.I.R. bearing Case Crime No.203 of 2023, under Sections 419, 420, 467, 468, 471 I.P.C., registered at Police Station Inayat Nagar, District Faizabad/Ayodhya.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on

29.04.2023 against four persons, including the applicant, stating that the informant is a recorded tenure holder of a piece of agricultural land along with his brother. Co-accused Prem Shankar wrongly executed the sale deed of the informant's share and the applicants had witnessed the execution of the sale deed.. The FIR states that the informant had already filed objection in the Court of Tehsildar, Milkipur.

¶4In the affidavit filed in support of the anticipatory bail-application, it has been contended that the applicants are innocent, they have no criminal history and they have falsely been implicated in the present case.

¶5The learned counsel for the applicants has submitted that co-accused Amara Devi and alias Anara, has already been granted bail by means of an order dated

22.09.2023 passed by this Court in Criminal Misc. Anticipatory Bail Application No.2076of 2023.

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

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the beneficiary of execution of the sale-deed has already been granted bail and that the applicants have merely witnessed the execution of the sale deed and that the applicants have no criminal history and without making any observations which may affect the outcome 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 applicants.

¶8In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicants - Salik Ram and Mahesh Kumar before the learned Trial Court in the aforesaid case crime, she shall be released on anticipatory bail on her 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 applicants shall appear before the trial court on each date fixed, unless personal presence is exempted;

(ii). That the applicants 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 applicants shall not pressurize/ intimidate the prosecution witness; (Subhash Vidyarthi,J.) Order Date :- 28.10.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench