SADDAM HUSAIN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
NABAIL/20/2025 · 2025-03-21
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 115532 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 115532 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:16530 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 20 of 2025 Applicant :- Saddam Husain Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Udai Bhan Pandey Counsel for Opposite Party :- G.A.,Rajeev Kumar Mishra Rudra Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Udai Bhan Pandey, the learned counsel for the applicant, Sri Anant Pratap Singh, the learned A.G.A. appearing on behalf of the State and perused the records.
2. On 09.01.2025, after hearing learned counsel for the applicant and learned A.G.A. for the State this court while granting interim anticipatory bail to the applicant had passed the following order:
"Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 0486 of 2024, under sections 376, 504 and 506 of IPC P.S.- Mankapur District - Gonda. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that initially a complaint was moved by the victim and subsequently, the same was withdrawn while showing the reason that she is not financially strong so as to press the complaint. He submitted that later on, on the same set of facts an FIR has been lodged. He added that there is no truthfulness in the allegation made in the FIR and the FIR is lodged. He next submits that the applicant has always cooperated with the investigation proceedings and undertakes that he would never abscond from the same. He also submits that there is acute apprehension that the applicant will be arrested by the police thus, submission is that the the applicant may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the
submissions aforesaid and submits that the applicant is involved in committed offence, as such, he is not entitled to be released on anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant-Saddam Husain shall be released forthwith, in case of his arrest in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent 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 chargesheet 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. Let notice be issued to opposite party no. 2, returnable at an early date. Steps be taken within a week. If steps are taken, office shall proceed accordingly. List/put up this matter in second week of February, 2025."
3. The opposite party no.2 has put in appearance by engaging counsel but neither the opposite party no.2 nor the State have filed counter affidavits.
4. Learned A.G.A. did not point out any violation of the conditions of interim anticipatory bail committed by the applicant. Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant.
5. In view of above, the interim order dated 09.01.2025 is made absolute and the anticipatory bail application is allowed. . [Subhash Vidyarthi, J.]
Order Date :- 21.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench