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2025 DAILYLAW 113047 (ALL)

HARI SINGH URF HARIPRAKASH v. STATE OF U.P.

ABAIL/12253/2024 · 2025-03-09

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34900 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12253 of 2024 Applicant :- Hari Singh Urf Hariprakash Opposite Party :- State of U.P. Counsel for Applicant :- Parmeshwar Yadav,Uttam Kumar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned AGA on behalf of the State and perused the record. 2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.60 of 2023, under Sections 420, 406, 504 & 506 I.P.C., P.S. Ramgarh, District Firozabad. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Allegation alleged in the FIR is that the applicant and co-accused on promise to provide job took Rs.7,25,000/-. Learned counsel for the applicant submits that the applicant having no concern with the alleged incident. Allegation alleged in the FIR is false and baseless. Investigating Officer has submitted charge-sheet against co-accused Vivek Kumar. Investigation is pending against the applicant. Applicant has been implicated in the present case being father of co-accused Vivek Kumar. Applicant has one case of criminal history in which applicant has been granted anticipatory bail. In case, the applicant is released on bail, she would not misuse the liberty of bail and would cooperate with the investigation. 4. Learned AGA opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out. 5. Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98. 6. Let the applicant Hari Singh urf Hariprakash, who is involved in the aforesaid crime, be released on anticipatory bail till submission of police report under section 173(2) Cr.P.C. on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions :- (i) The applicant shall make herself 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 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 and if she has passport, the same shall be deposited by her before the S.S.P./S.P. concerned. 7. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 8. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 9. The application stands allowed. Order Date :- 10.3.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad