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

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14244 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 learned counsel for the applicant, Sri Arpit Kumar 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. 1128 of 2022, under Sections 406, 420, 504, 506, 109 I.P.C., registered at Police Station Kotwali City, District Barabanki.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.10.2022 alleging that the informant had purchased a plot of land from named accused Sanjay Singh Singla in the year 2017 but possession of land was not delivered.

¶4The applicant has been implicated subsequently, as he had witnessed of the execution of sale deed.

¶5The applicant's involvement in ten other cases has been disclosed in para 21 of the affidavit, in nine of which the applicant has already been granted bail.

¶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 sale deed in question was executed in the year 2017 whereas the FIR has been lodged in the year 2022; the informant is aggrieved of non-delivery of possession of land purchased in the year 2017 whereas no proceedings for recovery of possession have been initiated by him and that the applicant has already been granted bail in nine other cases of similar nature and without making any observation, which may affect the merits of the case, 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.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Awanish Pandey be released on bail in the aforesaid case 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 :- 4.12.2023 Renu/- High Court of Judicature at Allahabad, Lucknow Bench