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2025 DAILYLAW 120645 (ALL)

NISHANT KUMAR OJHA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME CIVIL SECTT. LKO

ABAIL/158/2025 · 2025-02-19

Rajeev Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 158 of 2025 Applicant :- Nishant Kumar Ojha Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko Counsel for Applicant :- Brijesh Kumar Singh,Raghvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed on behalf of the applicant seeking anticipatory bail in F.I.R. No. 449 of 2021, under Sections 419, 420, 406, 467, 468, 471, 147, 504, 506, 120-B I.P.C., Police Station Gomti Nagar Extension, District Lucknow. 3. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. It is further submitted that after detail investigation, no evidence was found against the applicant and final report was submitted by the Investigating Officer on 22.2.2024. It is also submitted that prima facie no evidence is made out against the applicant for the alleged offence and applicant is ready to cooperate in the investigation. In such circumstances, applicant is entitled for protection of this Court under the provisions of anticipatory bail. 4. Learned A.G.A. vehemently oppose the prayer of the applicant but he does not dispute the fact that after investigation, final report was submitted by the Investigating Officer on 22.2.2024, thereafter, further investigation is still going on and role of applicant is also being examined. 5. After considering the record of the case as available before this Court, in the light of rival submissions made at the Bar and keeping in view the nature and gravity of the accusation, antecedent of the applicant, his undertaking to make himself available to the authorities whenever required, the Court feels satisfied that it would be expedient to grant an order of anticipatory bail in favour of the applicant. Thus, instant Anticipatory Bail stands allowed. 6. In the event of arrest, let the accused-applicant Nishant Kumar Ojha be released forthwith in the aforesaid case crime on bail on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount 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 default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. (v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. (vi) The computer generated copy of such order shall be self attested by the counsel of the party concerned. (vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. Order Date :- 19.2.2025 Gaurav/- Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench