SHAILENDRA KUMAR @ SONU v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AND ANOTHER
ABAIL/226/2025 · 2025-06-04
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124313 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124313 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:34565 Court No. - 12 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 226 of 2025 Applicant :- Shailendra Kumar @ Sonu Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Another Counsel for Applicant :- Ram Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in 2.Heard learned counsel for the applicant and learned A.G.A. for the State who has opposed the bail. None appears for the complainant although notice has been served. 3.This Court while giving interim protection has passed the following order on 18.2.2025 :
"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 him on anticipatory bail in Case Crime No.0187 of 2023, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., Police Station Kotwali Akbarpur, District Ambedkar Nagar. Contention of learned counsel for the applicant is that the applicant is innocent and he has been falsely implicated in the present case. He submits that the applicant is neither seller nor purchaser nor marginal witness of the registered agreement to sale. He next submits that charge sheet has been filed against the other co-accused persons and even upto very subsequent stage, name of the applicant was not in the light and only on the basis of suspicion, he has been falsely implicated in the present case. He further submits that 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 no previous criminal history 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 Shailendra Kumar @ Sonu 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. Issue notice to the opposite party no.2 returnable at an early date. Steps be taken within one week. List/put up this matter in third week of March 2025. In the meantime, learned counsel for the opposite parties shall file their counter affidavits. 4.Learned counsel for the applicant has submitted that in compliance of order extracted above, the applicant has filed bonds and he has been enlarged on anticipatory bail. It is submitted that the applicant undertakes to cooperate in the trial. 5.Considering the interim protection granted by this court vide
order extracted above which has not been misused by the applicant, undertaking that the applicant shall cooperate in the trial, charge sheet has been filed and without expressing any opinion on the merit of the case, I am of the opinion that the interim protection granted earlier is liable to be and is hereby made absolute. 6.The application is allowed accordingly.
Order Date :- 4.6.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench