Sri Krishna v. State of U.P. Thru. Prin. Secy. Home, Lucknow, U.P

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15117 of 2023 Applicant :- Sri Krishna Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow, U.P. Counsel for Applicant :- Anand Dubey,Km. Saumya Tiwari,Pradeep Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Anand Dubey, learned counsel for the applicant, Smt. Parul Kant, learned AGA-I for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.259 of 2023, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., registered at Police Station Gomti Nagar, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.05.2023 against five persons, including the applicant, describing him as a retired Clerk of Lucknow Development Authority, stating that Plot No.F-177, Transport Nagar Yojana had been allotted by the LDA to a person yet a sale deed had been executed in respect thereof by co-accused person. The FIR states that mutation was carried out in the computer system of LDA by using the ID of the applicant on

08.10.2020.

¶4In the affidavit filed in support of bail application, it has been stated that the applicant is 63 years old innocent person, he has been falsely implicated in the present case and he has no criminal history.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated merely because mutation was carried out using his ID and the applicant claims that his ID has been misused by some other person; that the applicant has already retired from service; that the applicant has already been granted bail in another case 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.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Sri Krishna be released on bail in aforementioned 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 :- 20.12.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench