Mansha Ram Yadav vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 6806 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 587 of 2023
 

 
Applicant :- Mansha Ram Yadav
 
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 2 Others
 
Counsel for Applicant :- Dinesh Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

Vakalatnama filed by Shri Anil Kumar Jaiswal on behalf of respondent no.3 is taken on record. His name shall be printed in the cause list when the case is next listed.

The present anticipatory bail application has been filed by the applicant apprehending his arrest in Case Crime No.C-2/2010, under Section 419, 420, 467, 468, 471 I.P.C., Police Station Tulsipur, District Balrampur.

Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State as well as perused the record.

Learned counsel for the applicant submits that the applicant is neither seller nor purchaser and also not the beneficiary. The applicant has retired from the post of Lekhpal in the year 2016. It is submitted on behalf of the applicant that in the life time of the Late Chandrakala both the daughters namely Munni Devi and Dwarika Devi died. After the death of Chandrakala, the name of Geeta Devi, the daughter of late Munni Devi has been mutated in the Revenue record. Thereafter she sold the property to one Vineeta Devi, who is the complainant. It is alleged in the prosecution case that the applicant has made entry in the name of Devkinandan on 8.9.2009.

Learned counsel for the applicant submit that being Lekhpal he has only complied the order passed by the Nayab Tehsildar in discharge of his official duty. The applicant has no criminal antecedents. Charge-sheet in the matter has been filed. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial.

Learned Addl. Government Advocate prays for and is allowed fifteen days' time to file counter affidavit. He further submits that the applicant has a remedy before the Revenue court if so aggrieved by the order of revenue authority.

List on 10.04.2023.

On due consideration to the fact that the applicant has no criminal antecedents; he is retired government employee, undertaking that applicant shall cooperate in the trial and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.

Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned.

The applicant shall cooperate in the trial and he will not influence the witnesses. The applicant shall not leave India without previous permission of the Court. In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.

Order Date :- 2.3.2023

Madhu