Preet Vardhan Singh v. State of U.P. Thru. Secy. Home Deptt. Lko

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2794 of 2023 Applicant :- Preet Vardhan Singh Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Upendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Upendra Kumar Singh, the learned counsel for the applicant as well as Sri Jayant Singh Tomar, the learned Additional Government Advocate-I 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. 589 of 2023, under Sections 420, 467, 468, 471 IPC, Police Station Mankapur, District Gonda.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.11.2023 against seven persons, including the applicant, alleging that the informant had purchased a piece of land from co-accused Lal Bahadur and Jhinkana alias Shanti through a sale deed dated 17.02.2010 but he could not get his name mutated in the revenue records.

¶4Co-accused Lal Bahadur has executed another sale deed in respect of the same land in favour of the applicant on

15.11.2022.

¶5In the affidavit filed in support of the application it has been contended that the applicant is innocent, he has falsely been implicated in the present case and that he has no criminal history.

¶6It has further been stated that the co-accused Lal Bahadur from whom the applicant has purchased land in question has already filed a Suit No. 3493 of 2023 in the Court of Civil Judge (Jr. Div.) Gonda for cancellation of the sale deed dated

17.02.2010 executed in favour of the informant.

¶7The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶8Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that a title dispute regarding the land in question is already pending consideration of concurrent civil court and the applicant claims himself to be a bonafide purchaser for value, without notice of the previous sale deed and that he has no previous 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 during pendency of the trial.

¶9In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Preet Vardhan Singh 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 :- 6.12.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench