LAWS(ALL)-2024-1-7

UMA SHANKR TIWARI Vs. STATE OF U.P.

Decided On January 12, 2024
Uma Shankr Tiwari Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned A.G.A. for the opposite party-State, as well as Mr. Ashish Raman Misra, Advocate, who has put in appearance and filed his Vakalatnama/Power on behalf of the informant, and perused the record. The Power/Vakalatnama filed on behalf of the informant be taken on record.

(2.) This application has been moved by the applicant- Uma Shankr Tiwari for grant of anticipatory bail in FIR/Case Crime No.0215 of 2023, under Ss. 420, 406 and 506 IPC lodged at Police Station Khargupur, District Gonda.

(3.) Learned counsel for the applicant submits that it is a case of false implication. Rs.5,00,000.00, as alleged by the informant, was in fact paid through cheque to the applicant in connection with consideration of sale-deed, which had been executed between the parties on 18/4/2023. It is also submitted that by taking advantage of the under-valued transaction the informant has lodged the instant FIR the charged offences are punishable with imprisonment upto 7 years. It is further submitted that the applicant was not arrested during the course of investigation and since the charge-sheet has been filed and he has cooperated throughout in the investigation, his liberty be protected during the course of trial also, moreso, when he is not having any previous criminal antecedents.