Pravesh Kumar Tiwari (Areal Lekhpal ) v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2529 of 2023 Applicant :- Pravesh Kumar Tiwari (Areal Lekhpal ) Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- K.K. Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri K.K. Singh, the learned counsel for the applicant as well as Sri Anurag Verma, the learned Additional Government Advocate appearing on behalf of the State and perused the records.

¶2The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.0457 of 2022, under Sections 120B, 420, 467, 468, 471 I.P.C., registered at Police Station Masauli, District Barabanki.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.08.2022 agianst four persons, including the applicant, stating that in connivance with the applicant, who was lekhpal, accused persons had wrongly got date of birth of the applicant's minor son altered so as to project him as an adult and had got the sale-deed executed by him. 4, In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent, he has no criminal history and he has falsely been implicated in the present case.

¶5The learned counsel for the applicant has submitted that all the other accused persons have been granted bail/anticipatory bail and copies of the bail orders have been annexed as Annexure 13 and 14 of the affidavit filed in support of the application. Learned counsel for the applicant has further submitted that a suit for cancellation of the sale deed has already been filed.

¶6The 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 three co-accused persons have been granted bail and one accused person has been granted anticipatory bail; that the applicant is working as Lekhpal, therefore, there is no reasonable apprehension of him fleeing from the process of law, coupled with the fact that the applicant has 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 applicant.

¶8In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Pravesh Kumar Tiwari (Areal Lekhpal ) before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his 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 appear before the trial court on each date fixed, unless personal presence is exempted;

(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 pressurize/ intimidate the prosecution witness; (Subhash Vidyarthi, J.) Order Date :- 7.11.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench