Ashok Kumar @ Ashok Kumar Gupta Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

Ashok Kumar @ Ashok Kumar Gupta Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application dismissed as not pressed with liberty to file a fresh application with proper disclosures; certified copies annexed with the application to be returned to learned counsel for the applicant after keeping photocopies on record.

Issue for consideration

Whether the applicant, who claims he was only a witness to sale deeds dated 12.05.2022 and 21.05.2022 allegedly executed by an imposter, is entitled to bail in F.I.R. No.0008 dated 20.01.2025 under Sections 419, 420, 467, 468, 471 I.P.C.

Court's answer

Direction recorded in the order to list the matter on 16.04.2025 as fresh in top 20 cases to enable learned counsel for the applicant to seek instructions; recorded before the application was dismissed as not pressed the same day, so its operative effect is unclear.

Ratio / Principle

The bail application was dismissed as not pressed, with liberty to file a fresh application with proper disclosures, there being no objection by learned A.G.A. to the prayer not to press.

Key takeaways

Direction to learned A.G.A. to seek instructions in regard to the compromise entered into between the parties and the status of the suits; recorded before the application was dismissed as not pressed the same day.¶11
Office directed to return the certified copy/copies annexed with the application to learned counsel for the applicant in accordance with law after keeping photocopy/photocopies on record.ratio¶15

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Rajnish Kumar, J.), Criminal Misc. Bail Application No. 2874 of 2025, Ashok Kumar @ Ashok Kumar Gupta v. State of U.P., order dated 5.4.2025. Bail was sought in F.I.R. No.0008 dated 20.01.2025, P.S. Rehra Bazar, District Balrampur, under Sections 419, 420, 467, 468, 471 I.P.C. concerning seven sale deeds allegedly executed by an imposter; the applicant claimed to be only a witness to sale deeds dated 12.05.2022 and 21.05.2022. The complainant had filed cancellation suits (Regular Suit Nos. 30 and 31 of 2025, Civil Judge, Junior Division, Utraula, in which the purchasers had appeared) and a compromise application before the Circle Officer, Utraula dated 16.01.2025 whose terms were not disclosed; a co-purchaser (Sanjay Kumar) had arrest stayed in Criminal Misc. Writ Petition No.1225 of 2025 and no charge sheet had been filed. Before the order was signed, counsel conceded a misstatement in the application (one sale deed was in favour of the friend's wife, not the applicant's wife) and prayed to withdraw it; the application was dismissed as not pressed with liberty to file fresh with proper disclosures, and the office was directed to return the certified copies annexed to the application. Interim directions to list on 16.04.2025 and for the A.G.A. to seek instructions were recorded before the dismissal.

Court No. - 11

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2874 of 2025

Applicant :- Ashok Kumar @ Ashok Kumar Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vikas Yadav,Shivam Srivastava,Subhash Pandey Counsel for Opposite Party :- G.A.

Hon'ble Rajnish Kumar,J.

Shri Vikas Yadav, learned counsel for the applicant submits that the applicant has falsely been implicated as he is only a witness in the sale deeds dated 12.05.2022 and 21.05.2022 executed in favour of the sister-in-law (Bhabhi) and wife respectively, which have been executed by an imposter. A suit for cancellation of sale deeds have been filed by the complainant Ram Bhulan @ Raj Kumar in the court of civil judge, junior division, Utraula, District- Balrampur, which has been registered as Regular Suit No.30 of 2025, 31 of 2025 respectively, in which the purchasers have already put in appearance.

He further submits that the complainant has moved an application before the Circle Officer, Utraula, DistrictBalrampur on 16.01.2025 stating therein that he has entered into a compromise with the respondents, therefore, he does not want any investigation in the matter. He has also filed an affidavit. However perusal of the application and affidavit filed alongwith the same contained in annexure no.2 to the application does not disclose as to what compromise has been entered into between the parties.

Learned counsel for the applicant further submits that the F.I.R. No.0008 dated 20.01.2025, under Sections- 419, 420, 467, 468, 471 I.P.C. has been lodged in Police Station- Rehra Bazar, District- Balrampur in regard to seven sale deeds alleging same allegations. One of the purchaser has filed Criminal Misc. Writ Petition No.1225 of 2025; Sanjay Kumar Vs. State of U.P. and 2 others and his arrest has been stayed by this Court till filing of the charge sheet. However, the charge sheet has not been filed.

On a query being put as to when the respondents i.e. the purchaser has already put in appearance in the suit and the parties have entered into a compromise, why the suit has not been got decided, if it is to be decided on the basis of compromise, learned counsel for the applicant prays for some

time to seek instructions.

As prayed by learned counsel for the applicant, list on 16.04.2025 as fresh in top 20 cases to enable him to seek instructions in the matter.

In the meantime, learned A.G.A. shall also seek instructions in regard to the compromise entered into between the parties and the status of the suits.

Order Date :- 5.4.2025 Haseen U.

Before rising and signing the aforesaid order, learned counsel for the applicant appeared alongwith learned A.G.A and submits that it has inadvertently been mentioned in the application and argued before this Court that one of the sale deed was executed in favour of the wife of the applicant, whereas the same was executed in favour of the wife of the friend of the applicant. Thus, he wants to not press this application with liberty to file fresh with proper disclosures. To which there is no objection by learned A.G.A.

In view of above, this application is dismissed as not pressed with liberty as aforesaid.

As prayed by learned counsel for the applicant, the office is directed to return the certified copy/copies annexed with this application to the learned counsel for the applicant in accordance with law after keeping photocopy/photocopies on record.

...................................................................(Rajnish Kumar, J.) Order Date :- 5.4.2025 Haseen U.

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