Sovaran v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2843 of 2023 Applicant :- Sovaran Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Sanjay Singh Chauhan,Alok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Sanjay Singh Chauhan, the learned counsel for the applicant as well as Sri Amitabh Chaturvedi, 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. 480 of 2023, under Sections 419, 420, 467, 468 & 471 I.P.C., registered at Police Station-Mitauli, District-Lakhimpur Kheri.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.10.2023 against five persons, including the applicant, stating that the applicant had introdued the informant to a person projecting himself to be Mohkam S/o Moola and had persuaded him to purchase a land from the aforesaid person i.e. Mohkam S/o Moola on 29.09.2023 after paying the agreed sale consideration but Mohkam turned out to be an imposter.

¶5In 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. It has also been stated that the applicant has not received any money from the informant.

¶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 applicant has neither the executant nor the witness of the deed in question and no money has been paid to him in the transaction 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-Sovaran 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. Order Date :- 11.12.2023 Mohit Singh/- High Court of Judicature at Allahabad, Lucknow Bench