Ram Chander Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Neutral Citation No. - 2025:AHC-LKO:39837

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4014 of 2025

Applicant :- Ram Chander Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Alok Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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In the prosecution case, it is alleged that the complainant, who is the resident of House No. 529/425, Nayi Basti, Rahimnagar, PS- Mahanagar, Luckonw, purchased a plot bearing Khasra No. 191 rakba 2000 sq. feet situated at Kamta Yard, Ismailganj, Lucknow from Sayeed Ahmad on 7.9.2010 through a registered sale deed for consideration of Rs. 6,50,000/-. On 22.10.2024, the informant came to know that this plot had already been sold by the applicant earlier and despite that, knowingly he had sold it again to her.

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Learned counsel for the applicant submits that with regard to the plot in question, a civil suit bearing No. 102 of 2012 (Pankaj Kumar Srivastava and others vs. Babita Singh and others) is pending for adjudication before the learned Civil Judge (Senior Division), Lucknow.

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It is further submitted that the offences are triable by a Magistrate. Regarding the same plot in question, another complainant lodged an FIR bearing Case Crime No. 167 of 2012, in which the applicant was granted bail by the court below. Except this, there is no other criminal history. He is languishing in jail since 21.12.2024. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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On due consideration to the submissions advanced, perusal of the record so also the fact that the offences are triable by a Magistrate; a civil suit regarding the property in question is

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pending before the court concerned; the applicant is languishing in jail since 21.12.2024; charge-sheet in the case has been filed; and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant- Ram Chander involved in Case Crime No. 502 of 2024, under Sections 420,467,468,471,504,506,406 of IPC, Police Station- Chinhat, District- Lucknow, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S.

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Order Date :- 11.7.2025 Shravan

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

Ram Chander v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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Ram Chander v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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