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2025 DAILYLAW 121690 (ALL)

JAI GOVIND SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

ABAIL/170/2025 · 2025-04-18

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22148 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 170 of 2025 Applicant :- Jai Govind Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anoop Kumar Upadhyay,Vijay Prakash Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Anoop Kumar, the learned counsel for the applicant, Sri Alok Kumar Tiwari, the learned A.G.A. for the State and perused the records. 2. On 05.02.2025 the applicant was granted interim anticipatory bail by this court by means of 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. 1012 of 2017, under sections 306 and 506 of IPC P.S.- Ikauna District - Shrawasti. 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 the applicant is an uncle of the main accused namely, Amit Kumar Singh and he has no concern with any kind of allegation as is narrated in the first information report. He submits that for mounting pressure the name of the applicant has been implicated in the first information report though, there is no cogent piece of against him. Further submission is that it is a case of suicide and the allegation if any, is against Amit Kumar Singh and the role of the present applicant is distinguishable from the role of main accused. He next submits that the applicant has always cooperated with the investigation proceedings and he undertakes that he would never abscond from the investigation proceedings. 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- Jai Govind Singh 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 first week of March, 2025. In the meantime, the State as well as opposite party no. 2 may file their counter affidavits." 3. Co-accused persons namely, Sant Bhadur Singh and Devanti Devi has been granted anticipatory bail in the present case by means of an order dated 09.01.2025 passed by this court in Crl. Misc. Anticipatory Bail Application No.13 of 2025. 4. The State has filed a counter affidavit annexing therewith the relevant material collected during investigation, including the entries made in the case diary. After perusal of the suicide note left by the deceased wherein she wrote that the accused persons are threatening and blackmailing her repetitively. 5. 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. 6. In view of above, the interim order dated 05.02.2025 is made absolute and the anticipatory bail application is allowed in terms of the order dated 05.02.2025. . [Subhash Vidyarthi,J.] Order Date :- 18.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench