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2025 DAILYLAW 114488 (ALL)

SANT BHADUR SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

/13/2025 · 2025-01-09

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1626 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13 of 2025 Applicant :- Sant Bhadur Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Vishal Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, learned AGA for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the accused-applicants on anticipatory bail in Case Crime No. 1012 of 2017, under sections 306 & 506 of the I.P.C., Police Station- Ekauna, District-Shrawasti. Contention of learned counsel for the applicants is that the applicants are innocent and have falsely been implicated. He added that the applicants are the old aged persons having 77 and 68 years of age respectively. He next added that there is no specific allegation against the applicants in the suicide note written by the deceased. He also submits that even after the investigation, there was no other corroborative evidence, except apart the suicide note which was recovered by the Investigating OfÏcer. He also added that only being the father and mother of the co-accused namely, Amit Kumar Singh, against whom, the specific allegation is levelled, there is no other evidence. He added that the applicants were not residing in the matrimonial house and they were living 300 K.M. away from the place of occurrence. He next submits that there is no evidence that there is any prompt abetment to commit suicide and the applicants have no previous criminal history and they have cooperated with the investigation and the chargesheet has been filed and as such, there is no possibility that the applicants will tamper the evidences or would abscond from the investigation proceedings. He submits that there is an acute apprehension that the police will arrest the applicants and therefore, submission is that they may be enlarged on anticipatory bail. Per contra, learned A.G.A. appearing for the State has opposed the contentions aforesaid and submits that there are serious allegations against the applicants and as such, they are not entitled for any relief, but, he could not dispute the fact that as to why further custodial interrogation is required in the matter, once the chargesheet has been filed. Having considered the submissions of learned counsel for the parties and after perusal of material placed on record, it transpires that there is no specific allegation against the applicants in the suicide note written by the deceased and the applicants are old aged persons. This court has also taken note of the fact that the applicants have no previous criminal history and as per submission of learned counsel for the applicants that there is an apprehension that the police will arrest them and the applicants have undertaken that they will always cooperate with the trial proceedings. In view of the aforesaid, this court finds it a fit case for grant of anticipatory bail and therefore, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicants, namely, Sant Bahadur Singh and Devanti Devi, till disposal of the trial subject to the following conditions:- (i) that the applicants shall make themselves available for interrogation by a police ofÏcer 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 ofÏcer or tamper with the evidence; (iii) that the applicants shall not leave India without the previous permission of the court; (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicants shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. The case of the present applicants has been decided taking into consideration considerable period of their age and their role as is assigned in the suicide note and thus, the role of present applicants is distinguishable from the role of co- accused, Amit Kumar Singh. Order Date :- 9.1.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench