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2025 DAILYLAW 117928 (ALL)

RAJESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 5 OTHERS

ABAIL/111/2025 · 2025-07-22

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41981 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 111 of 2025 Applicant :- Rajesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 5 Others Counsel for Applicant :- Arshad Siddiqui,Akshay Singh,Devanshu Pratap Singh Counsel for Opposite Party :- G.A.,Abhisheka Sharan Gupta,Ashutosh Kumar Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in Case Crime No. 326 of 2024, under sections 307,323,504,506,354 of IPC P.S.- Ramsanehi Ghat, District- Barabanki. The Co-ordinate Bench of this Court vide order dated 28.2.2025 has passed the following order:- " Heard learned counsel for the applicant, learned A.G.A. 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 him on anticipatory bail in Case Crime No. 326 of 2024, under sections 307,323,504,506,354 of IPC P.S.- Ramsanehi Ghat, District- Barabanki. 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 there is a cross version of the FIR and the applicant's side has received serious injuries. He next submits that the injury report is evident that the nature of injuries are simple as is opined by the doctor. He added that the applicant was not present on spot and he has been implicated due to animosity. He also submits that the applicant has no previous criminal history and he is cooperating in the investigation proceedings, even then there is apprehension that he will be arrested by the police, thus, submission is that he 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 committing the 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- Rajesh Kumar 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 counter affidavit be filed within two weeks. Rejoinder affidavit may be filed within a week thereafter. List/put up this matter in the 1st week of April, 2025, as fresh. Further, the applicant is directed to remain present at 02.00 pm on the date fixed before the court concerned. He will remain present on each and every date before the investigating officer and will cooperate in the investigation proceedings, failing which the investigating officer shall inform this Court regarding non- appearance of the applicant. " Learned counsel for the applicant submits that the applicant has been released on interim anticipatory bail after filing of the personal bonds and two sureties in terms of the interim order dated 28.2.2025. He has duly cooperated in the investigation. He has no criminal antecedents. Charge-sheet in the case has already been filed. He has not misused the liberty of interim anticipatory bail granted by the Court. He undertakes to cooperate in the trial and in case, he is enlarged on anticipatory bail, he shall not misuse the liberty of same. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Without expressing any opinion on the merits of the case and considering the nature of accusation so also the fact that charge- sheet in the case has already been filed, the applicant has no criminal antecedents, he has not misused the liberty of interim anticipatory bail granted by the Court coupled with the undertaking given by the applicant that he will cooperate in the trial, the interim protection granted by the Court vide order dated 28.2.2025 is made absolute. In view of the aforesaid, the anticipatory bail application is allowed. Order Date :- 22.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench