Allowed

Durgesh Mishra @ Ashish Mishra v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Allahabad HC10 Apr 2025ABAIL/326/2025

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the applicant, Durgesh Mishra, facing charges of cheating and forgery in relation to a disputed sale deed. The court observed the dispute seemed civil and the applicant was merely a marginal witness. Bail was granted subject to bond and standard conditions.

What did the court decide?

The applicant shall be released on anticipatory bail by furnishing a personal bond with two sureties under the stipulated conditions.

Durgesh Mishra @ Ashish Mishra Vs State of U.P. Thru… — Cheating and Forgery | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:20426

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Court No. - 13

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 326 of 2025

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Applicant :- Durgesh Mishra @ Ashish Mishra Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Abhineet Jaiswal Counsel for Opposite Party :- G.A.

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Hon'ble Manish Mathur,J.

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Heard learned counsel for applicant and learned A.G.A. for opposite party-State. Despite notice no one has put in appearance on behalf of opposite party No.2.

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Counter affidavit filed today is taken on record.

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First anticipatory bail application has been filed with regard to F.I.R. No. 562 of 2023 under Sections 419, 420, 467, 468 and 471 IPC, P.S. Kotwali, District Unnao.

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As per contents of first information report, allegation has been levelled of fabrication of sale deed registered on 22nd May, 2013 of property belonging to the father of informant. The applicant is indicated as marginal witness.

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It has been submitted by learned counsel for applicant that he has been falsely implicated in the charges levelled against him which is evident from the fact that applicant has been indicated only as a marginal witness and not either as a vendee, vendor or beneficiary of the said transaction. It is submitted that unnecessary criminal colour is being sought to be given to a purely civil dispute. It is submitted that chargesheet has not yet been filed and the applicant does not have any previous criminal history.

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Learned A.G.A. has opposed bail application with the submission that investigation in the matter is still ongoing. It is however admitted that applicant does not have any previous criminal history.

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Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that the only role assigned to the applicant is that o f being a marginal witness in the registered sale deed dated 22nd May, 2013. It also appears that a suit for declaration regarding its cancellation is also pending. Prima facie it appears

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that the dispute pertains only to civil dispute. The applicant does not have any previous criminal history.

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Without expressing any opinion on the merits of the case, I am of the opinion that the that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi) -2020 SCC online SC 98.

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In view of the above, it is provided that in the event of arrest, the applicant- Durgesh Mishra @ Ashish Mishra shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:-

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(i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required;

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(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/her from disclosing such facts to the court or to any police officer or tamper with the evidence;

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(iii) that the applicant(s) shall not leave India without the previous permission of the court;

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(iv) that in case charge-sheet is submitted the applicant(s) shall not tamper with the evidence during the trial;

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(v) that the applicant(s) shall not pressurize/ intimidate the prosecution witness;

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(vi) that the applicant(s) shall appear before the trial court on each date fixed unless personal presence is exempted;

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(vii) that in case of breach of any of the above conditions, benefit of this order would not be available to applicant(s)

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Order Date :- 10.4.2025 prabhat

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Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Durgesh Mishra @ Ashish Mishra v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Case brief

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Durgesh Mishra @ Ashish Mishra v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Case brief

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What did the court decide?

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