Allahabad High Court
RAMPRAVESH PALversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court allowed the anticipatory bail application, granting bail subject to conditions.
Summary
The High Court considered an anticipatory bail application filed by Rampravesh Pal in Criminal Case No. 423 of 2024, where he was charged under Sections 419, 420, 467, 468, 471, 323, 504 and 506 of the Indian Penal Code for allegedly forging cheques and withdrawing Rs. 67 lakh from his brother's bank account. The applicant contended that the FIR was false and stemmed from an ongoing civil property dispute involving a gift deed, for which a status‑quo order was in force. The State and the informant opposed bail, alleging the applicant's involvement in a separate murder case and labeling him a repeat offender. The Court noted the property dispute and the prima facie nature of the allegations, finding no sufficient ground to deny bail. Consequently, the Court granted anticipatory bail with standard conditions, reserving the right to cancel it upon breach.
Issues considered
- The appropriateness of granting anticipatory bail to the applicant despite serious charges of forgery, cheating and related offences.
- Whether the pending civil property dispute and alleged false FIR affect the bail decision.
- Impact of the applicant's alleged involvement in a separate murder case on the bail application.
Legislation cited
- Code of Civil Procedure — s. Order 39 Rule 1
- Code of Criminal Procedure, 1973 — s. 156(3)
- Indian Penal Code — s. 323, 419, 420, 467, 468, 471, 504, 506
Subjects
- anticipatory bail
- forgery
- cheating
- property dispute
- civil suit
- IPC
- CrPC
- bail conditions
- repeat offender
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 8878 of 2026
Rampravesh Pal
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar, Satish Kumar Pandey
Counsel for Opposite Party(s) : Ashish Tripathi, G.A., Nikhil Pratap
Singh
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard Learned counsel for the applicant; Learned A.G.A. for the State;
and Shri Nikhil Pratap Singh, Learned counsel appearing for the
informant.
2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No. 423 of 2024, under Sections 419, 420, 467,
468, 471, 323, 504 and 506 of the I.P.C., Police Station – Bhogaon,
District Mainpuri, with a prayer to enlarge him on anticipatory bail, as the
applicant apprehends his arrest in the aforesaid case.
3. Learned counsel for the applicant has contended that the applicant is
the younger brother of the informant. The FIR has been lodged with the
allegation that the applicant had, taking advantage of his position as the
brother of the informant, made forged signatures on cheques and also
through net banking, had withdrawn over a period of time Rs. 67 lakhs
from the account of the informant. Learned counsel for the applicant has
contended that an absolutely false allegation has been made. There is a
civil dispute pending between the parties. An Original Suit, being O.S.
No. 449 of 2022, was filed for cancellation of a gift deed dated
28.02.2019 in favour of the applicant by one of his uncles, in which
initially an interim injunction was granted under Order 39 Rule 1 of the
CPC in favour of the plaintiff Sone Lal, who supposedly executed the gift
deed in favour of the applicant. In First Appeal From Order No. 542 of
2023, this Court passed an order of status quo on the spot. The informant
NABAIL No. 8878 of 2026
2
has also become a party in the said civil suit. It is due to this dispute with
respect to property amongst brothers that this false FIR has been lodged.
4. The Learned counsel for the informant has opposed the prayer and has
contended that the applicant was involved in a case of murder being Case
Crime No. 332 of 2026, under Sections 103(1), 61(2) and 3(5) of the
BNS, P.S. Alau, District Mainpuri. The applicant, who is a repeat
offender and is also involved in heinous crimes, may not be considered
for grant of anticipatory bail.
5. The Learned A.G.A. has also opposed the prayer for bail and adopted
the submissions of the Learned counsel for the informant.
6. Rejoining the issue, Learned counsel for the applicant has passed on an
order dated 25.09.2026 passed by the In-charge Chief Judicial Magistrate,
Mainpuri, where the police custody remand of the accused Rampravesh
and one Rampal has been refused and they have been released on filing a
bond of Rs. 50,000/- and an undertaking before the Court of cooperating
in the investigation.
7. I have considered the submissions made by the Learned counsel for the
parties.
8. The applicant is the real brother of the informant. There appears to be a
property dispute amongst brothers. Civil Suit is also pending
consideration of the appropriate Court and over the disputed property, an
order of status quo is operating. The allegation is of the applicant forging
cheques and using net banking to withdraw Rs. 67 lakhs from the account
of the informant. The FIR has been lodged on the basis of an application
under Section 156(3) Cr.P.C. As per the averments made in the FIR, other
than the property dispute, there also appears to be some monetary dispute
amongst brothers. The applicant, in the prima facie opinion of the Court,
has made out a case for grant of anticipatory bail.
9. The anticipatory bail application of the applicant is allowed.
10. In the event of the arrest of the applicant- Rampravesh Pal, involved
in the aforesaid case crime, he shall be released on anticipatory bail, on
his furnishing a personal bond and surety in the like amount to the
satisfaction of the Station House Officer of the police station/Court
NABAIL No. 8878 of 2026
3
concerned, with the following conditions:-
i. The applicant shall make himself available for interrogation by a police
officer as and when required;
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 him from disclosing such facts to the Court or to any police
officer;
iii. The applicant shall not leave India without the previous permission of
the Court;
iv. The applicant shall not pressurize/intimidate the prosecution witness;
11. In case of breach of any of the above conditions, the Court concerned
shall be at liberty to cancel the bail.
12. It is made clear that observations made hereinabove are exclusively
for deciding the instant anticipatory bail application and are not to be
considered to be an opinion on the merits of the case.
(Rajiv Lochan Shukla,J.)
September 29, 2026
Kushal
Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad
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