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2025 DAILYLAW 114555 (ALL)

RAM GOPAL v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.

NABAIL/31/2025 · 2025-01-20

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3526 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 31 of 2025 Applicant :- Ram Gopal Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Pradeep Kumar,Ajit Ranjan Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard counsel for the applicant, learned AGA for the State and perused the record. The instant application under section 438 of Cr.P.C. has been filed for anticipatory bail in Case Crime No. 0555 of 2024 under section 316(2) and 318 B.N.S. and 2/4 of D.P. Act Police Station- Chinhat District- Lucknow. The contention of counsel for the applicant is that applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that there was dispute in between the parties with respect to engagement of marriage and with view to mount pressure over the applicant, the gravity is given to the allegation transcribed in the first information report. He submits that there is no truthfulness in the same and no such offence has ever been committed. He further added that the applicant is ready to cooperate with the investigation proceedings and there is no such complaint that he is absconding from the investigation proceedings. He also submits that the applicant is more than 60 years of age and there was no intent to commit any offence. He added that the first information report has been lodged only to take revenge and spoil the reputation of the applicant. He also submits that there is acute apprehension that the applicant will be arrested by the police and as such, he may be granted anticipatory bail. On the other hand, learned counsel appearing for the State has opposed the contentions aforesaid and submits that there is allegation of committing offence thus, the applicant is not entitled for any relief. Having heard counsels for the parties and after perusal of material placed on record, it transpires that the applicant is more than 60 years of age applicant and fact that he is cooperating in the investigation proceeding and there is no other previous criminal history of the applicant, which has been explained in paragraph no. 15 of the bail application and the applicant has undertaken that he will not misuse the liberty of bail if granted and would cooperate in the trial proceedings. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Ram Gopal, be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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 or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial. Order Date :- 20.1.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench