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2025 DAILYLAW 117375 (ALL)

CHHEDI @ CHEDI v. STATE OF U.P. THRU. PRIN. SECY. (HOME) U.P. LKO.

NABAIL/39/2025 · 2025-08-18

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48217 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 39 of 2025 Applicant :- Chhedi @ Chedi Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) U.P. Lko. Counsel for Applicant :- Arvind Pratap Singh Counsel for Opposite Party :- G.A.,Piyush Kumar Singh Hon'ble Subhash Vidyarthi,J. 1. Heard Sri. Arvind Pratap Singh, the learned counsel for the applicant as well as Sri Jayant Singh Tomar, learned A.G.A.-I appearing on behalf of the State and perused the records. 2. The applicant was granted interim anticipatory bail by means of the following order passed on 24.01.2025 by a Coordinate Bench of this Court: "Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release her on anticipatory bail in Case Crime No.745 of 2024, under Sections 319(2), 318(4), 338, 336(3), 340(2) B.N.S., Police Station Kotwali Nagar, District Gonda. Contention of learned counsel for the applicant is that the applicant is innocent and he has been falsely implicated in the present case. The applicant is 74 years of age and he is a bona fide purchaser and he himself is victimized. He further submitted that marginal witnesses have already been given the benefit of anticipatory bail and there is no requirement of custodial interrogation in the matter and the applicant is undertaking that he will co-operate with the investigating proceedings and he will remain present before the Investigating Officer as and when required. He further submits that the applicant has a case criminal history, which has been explained and he is a law abiding citizen and he has acute apprehension of being arrested by the police, as such, he may be granted anticipatory bail which he will not misuse. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that the applicant is named in the F.I.R. and there is sufficient proof that he has committed the offence, as such, he is not entitled to any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court find it to be a fit case of interim anticipatory bail. Till the next date of listing, the present applicant Chhedi @ Chedi shall be released forthwith 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 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. List/put up this matter along with Criminal Misc. Bail Application No.201 of 2024 in third week of February 2025. In the meantime, learned counsel for the State shall file the counter affidavit" 3. Although, the cause list shows the name of Sri Piyush Kumar Singh, as learned counsel for the complainant, he is not present to oppose the anticipatory bail application and no request for adjournment has been made on his behalf. 4. No counter affidavit has been filed by the complainant as well as by the State, opposing the anticipatory bail application. 5. In these circumstances, this Court finds no good ground to take a view different from the view taken by a Coordinate bench of this Court on 24.01.2025 granting anticipatory bail to the applicant. 6. In view of above, the interim order dated 24.01.2025 is made absolute and the anticipatory bail application is allowed. . (Subhash Vidyarthi,J.) Order Date :- 18.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench