Allahabad High Court
RAMU TIWARI AND ANOTHERversusSTATE OF UP
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court allowed the anticipatory bail application, granting bail subject to conditions.
Summary
The applicants, Ramu Tiwari and Amrita Tiwari, filed an anticipatory bail application under Section 482 of the CrPC in a case involving alleged execution of a forged sale deed. They claimed they were unaware of the forgery, having signed the deed under instructions from their mother and grandmother, and highlighted that one applicant is permanently disabled and both have no criminal record. The State opposed the bail, arguing that the applicants were equally involved in the fraudulent deed. The Court found the applicants' explanations plausible, noted the absence of prior criminal antecedents, and distinguished their culpability from that of the co‑accused. Consequently, the Court granted anticipatory bail with standard conditions, emphasizing that the order does not constitute an opinion on the merits of the underlying case.
Issues considered
- Whether anticipatory bail can be granted to the applicants under Section 482 CrPC despite alleged participation in a forged sale deed.
- Whether the applicants' claim of lack of knowledge and absence of criminal antecedents justify the grant of bail.
- Whether imposing conditions on bail is appropriate in the circumstances.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 318(4), 336(3), 338, 340(2), 61(2)
Subjects
- anticipatory bail
- Section 482 CrPC
- forged sale deed
- Indian Penal Code
- disability
- bail conditions
- criminal antecedents
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482
BNSS No. - 9059 of 2026
Ramu Tiwari And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Gaurav Kumar Shukla, Shivam Kumar
Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Learned counsel for the applicants, the Learned A.G.A. for the
State and perused the record.
2. The present anticipatory bail application has been filed on behalf of the
applicants in Case Crime No. 1112 of 2025, under Sections 318(4), 338,
336(3), 340(2), 61(2) B.N.S., Police Station- Kotwali, District -Deoria, with
a prayer to enlarge them on anticipatory bail as the applicants apprehend
their arrest in the above-mentioned case.
3. Learned counsel for the applicants contends that the applicants are son
and daughter of the accused Maya Devi and the grandson and daughter of
the accused Urmila Devi. The applicants along with their minor brother
Shivanand and co-accused Maya Devi and Urmila Devi are stated to have
executed a fake sale deed of a property belonging to the informant and his
brother. The Learned counsel for applicant further contends that the
applicants and the co-accused Shivanand, who are stated to have executed
the sale deed, had no knowledge with respect to the said deed being forged.
Relying upon Paragraph Nos. 15 & 17 of the affidavit, the Learned counsel
for the applicants stated that they were told by their mother and grandmother
that their signatures are required to sell some land and they had no
knowledge that their mother and grandmother had executed some forged sale
deed. The applicant No. 1 is permanently disabled, having a locomotor
disability, and applicant No. 2 is a young woman, aged about 23 years. They
have no criminal antecedents.
4. The Learned A.G.A. has opposed the prayer for grant of anticipatory bail
and has contended that the applicants are equally involved in the execution
of the sale deed. He further contends that forged Khatauni was prepared to
NABAIL No. 9059 of 2026
2
demonstrate that the applicants and the other accused were owners of the
property in question. No indulgence may be given to the applicants. The
learned A.G.A. has not been able to point out any criminal history of the
applicants.
6. I have considered the submissions made by the Learned counsel for the
parties and perused the material brought on the record.
7. The applicants are the son and daughter of the co-accused Maya Devi.
The forged sale deed has been executed by the three children of Maya Devi
and her mother Urmila Devi. In the prima facie opinion of the Court,
contentions raised in Paragraph Nos. 15 & 17 of the affidavit appear to be
plausible. Applicants have no criminal antecedents. Their case stands on a
different footing to that of the co-accused Maya Devi and Urmila Devi.
8. Taking into account all the facts and circumstances of the case and
without expressing any opinion on the merits of the case, I deem it fit to
enlarge the applicants on anticipatory bail.
9. In view of the above, the anticipatory bail application of the applicants is
allowed.
10. In the event of the arrest of the applicants -Ramu Tiwari and Amrita
Tiwari, they shall be released forthwith in the aforesaid case crime on
anticipatory bail on furnishing a personal bond and surety each in the like
amount to the satisfaction of the Station House Officer of the police
station/Court concerned with the following conditions:-
i. the applicants shall make themselves available for interrogation by a police
officer as and when required;
ii. that the applicants 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 them from disclosing such facts to the Court or to any police
officer;
iii. that the applicants shall not leave India without the previous permission
of the Court;
iv. that the applicants 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.
September 11, 2026
Sartaj
(Rajiv Lochan Shukla,J.)
Digitally signed by :-
SARTAJ AHMAD
High Court of Judicature at Allahabad
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