Suresh Chandra v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2969 of 2023 Applicant :- Suresh Chandra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Gaurav Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Gaurav Shukla, the learned counsel for the applicant as well as Ms. Charu Singh, 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. 340 of 2023, under Sections 420, 448, 511, 467 & 468 IPC, Police Station Krishna Nagar, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.09.2023 against six persons, including the applicant, stating that the informant had purchased a plot of land through a registered sale deed dated 20.10.2022 but subsequently, he came to know that the land had been sold earlier through a sale deed dated 01.04.2019 on the strength of a unregistered will. The applicant has been implicated in the present ase because he was one of the witnesses of execution of the sale deed dated 01.04.2019.

¶4In the affidavit filed in support of the application it has been stated that the applicant is 65 years old innocent person having no criminal history and he has been falsely implicated in the present case.

¶5Four co-accused persons have filed Criminal Misc. Writ Petition No. 9348 of 2023 and their arrest has been stayed by means of interim order dated 11.12.2023 passed in that writ petition.

¶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 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-Suresh Chandra 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 :- 20.12.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench