Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 119352 (ALL)

RAMESH KUMAR AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER

ABAIL/152/2025 · 2025-01-30

Rajesh Singh Chauhan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:6252 Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 152 of 2025 Applicant :- Ramesh Kumar And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Amjad Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Amjad Siddqui, learned counsel for applicants and Sri Bhanu Pratap Singh, learned A.G.A. for State. 2. In view of the proposed order, notice to opposite party no.2 is hereby dispensed with. 3. As per learned counsel for the applicants, the present applicants are apprehending their arrest in Case Crime No.363 of 2023, under Sections 498-A, 304-B I.P.C. & Section 3/4 D.P. Act., Police Station-Machrehta, District-Sitapur. It has been submitted that the present applicants have falsely been implicated as they have not committed any offence as alleged. 4. Attention has been drawn towards the impugned F.I.R. wherein the entire family has been implicated on the allegation of demand of dowry and torturing. The present applicants are jeth and jethani of the deceased. They have nothing to do with the family affairs of the deceased as they are living separately at Rajsthan where the applicant no.1 is serving in one private company. Further attention has been drawn towards Annexure No.12 which is an interim order being granted by Division Bench of this Court in Criminal Misc. Writ Petition No.838 of 2024; 'Ramesh Alias Ramesh Kumar (Jeth) And Another Vs. State of U.P. and Others', giving interim protection to the present applicants with direction to cooperate in the investigation proceedings. Now the charge-sheet has been filed. Present applicants have not violated the conditions of the interim order dated 06.02.2024 and they undertake that they shall cooperate in the trial proceedings in the same manner they have cooperated in the investigation. 5. Learned A.G.A. has opposed the aforesaid request of learned counsel for applicants but could not dispute the aforesaid facts. 6. Having considered the arguments of the learned counsel for the parties, having perused the material available on record and considering the fact that present applicants are jeth and jethani of the deceased, they have been granted interim protection by the Division Bench of this Court vide order dated 06.02.2024, they cooperated in the investigation, they undertake that they shall further cooperate in the trial proceedings and shall not misuse the liberty of bail, if granted, I find it appropriate that liberty of the present applicants may be protected till conclusion of proceedings in view of the dictum of the Apex Court in re; Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC online SC 98. 7. Accordingly, the anticipatory bail application is allowed. 9. It is directed that in the event of arrest, applicants-Ramesh Kumar and Ranjana Devi shall be released on anticipatory bail in the aforesaid case crime number on their furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/court concerned with the following conditions:- I. the present applicants shall appear before the court concerned within 15 days from today or the date fixed whichever is earlier to cooperate in the trial proceedings and they shall not misuse the liberty of bail, failing which this protection may be withdrawn. 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 him from disclosing such facts to the court or to any police officer 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 not pressurize/ intimidate the prosecution witness; V. that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted. [Rajesh Singh Chauhan,J.] Order Date :- 30.1.2025 Arti/- Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench