Uday Narayan Lal vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

Uday Narayan Lal vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Enlargement on anticipatory bail, in the event of arrest, during pendency of trial, on furnishing a personal bond of Rs. 50,000 with two sureties each in the like amount, subject to: (i) making himself available on each and every date fixed by the court concerned; (ii) not directly or indirectly making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade disclosure of such facts to the Court; (iii) not leaving India without the previous permission of the Court and depositing his passport, if any, before the concerned court; in default of any condition the court concerned may pass appropriate orders for enforcing and compelling the same.

Issue for consideration

Whether the applicant, Uday Narayan Lal, accused in Case Crime No. C 33 of 2004, Police Station Chandauli, District Chandauli, under Sections 419, 420, 467, 468, 471 and 120B I.P.C., is entitled to be enlarged on anticipatory bail.

Court's answer

Having regard to the submissions made by learned counsel, the nature of accusations and the antecedents of the applicant, and in particular that the case is purely civil in nature, that the applicant had cooperated in the investigation and that no custodial interrogation is required, the Court, without commenting on the merits of the case, held that the applicant is entitled to be enlarged on anticipatory bail.

Ratio / Principle

In the event of arrest, the applicant shall be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000 with two sureties each in the like amount to the satisfaction of the court concerned, subject to the three enumerated conditions (availability on each date fixed; no inducement, threat or promise to dissuade disclosure of facts; no departure from India without previous permission and deposit of passport, if any), and in default of any condition the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vivek Varma, J.; order dated 23.04.2025) allowed an anticipatory bail application under Section 482 BNSS moved by Uday Narayan Lal in Case Crime No. C 33 of 2004, Police Station Chandauli, District Chandauli, under Sections 419, 420, 467, 468, 471 and 120B I.P.C. The FIR had been lodged pursuant to an order dated 27.09.2004 passed in an application under Section 156(3) Cr.P.C.; the applicant's Criminal Revision No. 5279 of 2004 against that order was dismissed by this Court on 08.12.2004 with a direction that he not be arrested during investigation; a charge-sheet was later filed and the applicant summoned. Noting that the case is purely civil in nature (the informant having gifted the disputed land to the applicant by registered gift-deed dated 12.07.2004, and the land having been resold by sale-deed dated 13.04.2016 with the informant as witness), that the applicant had cooperated in the investigation and that no custodial interrogation was required, and expressly without commenting on the merits, the Court held the applicant entitled to be enlarged on anticipatory bail in the event of arrest during pendency of trial, on a personal bond of Rs. 50,000 with two sureties each in the like amount, subject to conditions of attendance on every date fixed, abstention from tampering with witnesses, and no departure from India without permission coupled with deposit of any passport.

Neutral Citation No. - 2025:AHC:61226

Court No. - 69

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1686 of 2025

Applicant :- Uday Narayan Lal Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Heard learned counsel for the applicant and Sri Anupam Anand, learned Brief Holder for the State- opposite party, and perused the material available on record.

This application has been filed seeking anticipatory bail in Case Crime No. C 33 of 2004, under Sections 419, 420, 467, 468, 471, 120B I.P.C., Police Station Chandauli, District Chandauli.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The first information report has been lodged pursuant to order dated 27.09.2004 passed in application under Section 156(3) Cr.P.C.. The said order was challenged by the applicant by filing Criminal Revision No. 5279 of 2004. This Court vide order dated 08.12.2004 dismissed the revision and directed that during the period of investigation the applicant shall not be arrested. It is contended that thereafter charge-sheet was filed against the applicant and the applicant was summoned. The applicant had no knowledge about the pendency of the proceedings before the concerned court. The order-sheet does not reflect that the summons issued by the court concerned were served upon the applicant. It is next contended that the case is purely civil in nature. The informant vide registered gift-deed dated 12.07.2004 gifted the disputed land to the applicant. Thereafter vide sale-deed dated 13.04.2016 the applicant sold the land in favour of the third party. The informant was a witness to the said sale-deed. In such circumstances, it is contended that at present no dispute survives between the parties. The applicant has no criminal antecedents. The applicant had cooperated in the investigation. Charge-sheet has been submitted. No custodial interrogation is required. The applicant has apprehension of his arrest in the above mentioned case.

Learned Brief Holder for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that the case is purely civil in nature, the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

In the event of arrest, the applicant- Uday Narayan Lal, involved in the aforesaid case crime, be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall make himself available on each and every date fixed in the matter by the court concerned;

(ii) 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 from disclosing such facts to the Court;

(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court.

Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

The application stands disposed of.

Order Date :- 23.4.2025 SKT/-

Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad