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2025 DAILYLAW 114370 (ALL)

SANDEEP KUMAR SINGH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME (CRIME INVESTIGATION DEPTT.) LKO.

NABAIL/18/2025 · 2025-05-14

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28233 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 18 of 2025 Applicant :- Sandeep Kumar Singh And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home (Crime Investigation Deptt.) Lko. Counsel for Applicant :- Sheo Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicants and learned Additional Government Advocate appearing on behalf of opposite party. 2. At the very outset, learned counsel for the applicants submits that applicant no.2- Devendra Kumar Singh has subsequently surrendered and has been taken into custody. 3. In view thereof, this anticipatory bail application is being pressed only with regard to applicant nos.2 and 3. 4. First anticipatory bail application has been filed with regard to case crime No. 313 of 2024, under Sections 391 (2), 115(2), 324(4), 121(1), 132/109 BNS and Section 3/4 of Prevention of Damage to Public Property Act and Section 7 Criminal Law Amendment Act, P.S. Leelapur, District Pratapgarh. 5. As per contents of FIR, incident is said to have taken place on 28.07.2024 at about 11.10 p.m. when the persons nominated therein are said to have attacked the electricity sub-station with injury being caused to employees. Severe damage to said sub- station has also reported. 6. It is submitted that applicants have been falsely implicated in allegation levelled against them which would be evident from the fact that they are neither named in the FIR nor any specific allegation has been levelled against them and they have been introduced only on the basis of statement of injured during the course of investigation. It is further submitted that the applicants do not have any previous criminal history and are willing to cooperate in the investigation. 7. Learned A.G.A. has opposed bail application with submission that the applicants have subsequently been introduced due to statement of injured and after filing of present application, non bailable warrants has been issued against them. It is however, admitted that the applicants do not have any previous criminal history. 8. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that the applicants are not nominated in the FIR nor any allegation has been levelled against them. The investigation in the matter is still ongoing. The applicants without any previous criminal history undertakes to cooperate in the trial. 9. Without expressing any opinion on the merits of the case, I am of the opinion that the liberty of the applicant may be protected till filing of police report under section 173(2) Cr.P.C. in view of dictum of Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1. 10. In view of the above, it is provided that in the event of arrest, the applicants, Sandeep Kumar Singh and Ranjeet Bahadur Singh, shall be released on anticipatory bail in aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions:- (1) The applicants shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicants will remain present as and when the arresting officer/I.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicants shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this protection. 11. The application stands disposed of. Order Date :- 14.5.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench