Ratnesh Kumar Dwivedi v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13310 of 2023 Applicant :- Ratnesh Kumar Dwivedi Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. Counsel for Applicant :- Alok Kr. Misra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Alok Kr. Misra, the learned counsel for the applicant as well as Sri Arpit Kumar, 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. 252 of 2022, under Sections 419, 420, 467, 468, 471 & 120-B of IPC, Police Station Kotwali Nagar, District Gonda.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.04.2022 against four persons, including the applicant, alleging fraudulent execution of an agreement to sell, execution whereof was witnessed by the applicant also.

¶4In the affidavit filed in support of the application it has been stated that the agreement in question already stands cancelled by means of a cancellation deed, which has been duly registered on 19.09.2020 i.e. much before lodging of the present FIR.

¶5The applicant's involvement in two other cases has been disclosed in paras 16 & 17 of the affidavit filed in support of the application which are of similar nature and in all those cases also the applicant had witnessed execution of the agreement and all those agreements have been cancelled.

¶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 the offending agreement stood cancelled much before lodging of the FIR, the applicant has been implicated merely because he had witnessed the execution of the agreement and that the applicant is languishing in jail since 20.09.2023 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 during pendency of the trial.

¶8In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Ratnesh Kumar Dwivedi before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail during pendency of the trial 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. Order Date :- 8.11.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench