HARVANSH SINGH @ VANSHA SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
ABAIL/230/2025 · 2025-05-14
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124355 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124355 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:28230 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 230 of 2025 Applicant :- Harvansh Singh @ Vansha Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Aman Kumar Shrivastav Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J.
1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State and perused the record. 2. This first anticipatory bail application has been filed with regard to Case No. 1866 of 2015 Range Case No. 01/2014-15 under sections 26, 69, 41, 42 of Indian Forest Act, Range- Uttar Nighasan, District - Lakhimpur Kheri
3. Earlier vide order dated 18.02.2025, interim protection had been granted to the applicant, which is as follows:-
"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 No. 1866 of 2015 Range Case No. 01/2014-15 under sections 26, 69, 41, 42 of Indian Forest Act, Range- Uttar Nighasan, District - Lakhimpur Kheri. 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 not involved in committing the offence. He added that complaint has been filed and even the statement of the witness and the complainant have been recorded and thus, there is no possibility that the applicant would tamper the evidences. He further submits that there are very weak evidence against the applicant and he was never involved in committing offence as there is no ample against him. Next submission is that criminal history against the applicant has been explained and he undertakes that he will always remain present before the trial court as and when required and thus, submission is that he may be granted anticipatory bail. Per contra, learned A.G.A. for the State has opposed the contentions aforesaid and submits statements of the witnesses as well as the complainant are intact before the trial court and therefore, the applicant is not entitled for any relief.
Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Harvansh Singh alias Vansha Singh shall be released forthwith, in case of their 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 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 them 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. List/put up this matter in second week of March, 2025. In the meantime, the opposite parties may file their counter affidavits."
4. Subsequently counter affidavit has been filed but there does not appear to be any situational change from the time when the interim protection was granted on merits. There is nothing adversarial that appellant is not cooperating in trial. 5. In view thereof, the interim anticipatory bail granted to applicant vide order dated 18.02.2025 is hereby made absolute subject to following conditions. 6.
In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Harvansh Singh @ Vansha Singh till disposal of the trial subject to 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 the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness.
7. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection.
Order Date :- 14.5.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench