Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 125700 (ALL)

OM PRAKASH PANDEY v. STATE OF U.P. THRU. PRIN. SECY. (HOME) LKO. AND ANOTHER

NABAIL/181/2025 · 2025-09-17

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 181 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Paritosh Shukla, learned counsel for the applicant and Shri Mohd. Asif Khan, learned A.G.A.-I for the State. 2. The applicant was granted interim anticipatory bail by means of the following order passed by the Co-ordinate Bench of this Court on 28.02.2025: "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. 334 of 2024, under sections 406, 419, 420, 467, 468, 471, 504 and 506 of IPC P.S.- Lambhua District - Sultanpur. 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 was never a party of an agreement which is said to be executed and since there was huge amount of bank recovery and therefore, the informant with a view to fasten liability upon the applicant has concocted the story and implicated the applicant. He also submits that there is no cogent piece of documentary evidence against the applicant so as to connect him in the instant matter and added that the applicant has been made scapegoat. He also submits that the applicant is cooperating in the investigation proceedings and there is no previous criminal antecedent of him and he undertakes that he will always remain present before the Investigating Officer as and when required. He also submits that there is acute apprehension that the Versus Counsel for Applicant(s) : Sukh Deo Singh, Paritosh Shukla, Sandeep Kumar Pandey Counsel for Opposite Party(s) : G.A., Anurag Singh, Ashwani Kumar Singh Om Prakash Pandey .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) Lko. And Another .....Opposite Party(s) 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- Om Prakash Pandey 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 April, 2025. In the meantime, the State as well as opposite party no. 2 may file their counter affidavits. The applicant is directed to appear before the Investigating Officer on 07.03.2025 at 02.00 P.M., failing which, the Investigation Officer shall inform this court while filing NABAIL No. 181 of 2025 2 the Counter Affidavit that the applicant has cooperated in the investigation proceedings or not." 3. The learned counsel for the opposite party No.2 has put in appearance on her behalf by filing a vakalatnama on 11.12.2025 but has not filed any counter affidavit. 4. The State has also not filed any counter affidavit. 5. The learned A.G.A.-I does not allege violation of any condition of interim anticipatory bail granted to the applicant. 6. Keeping in view of the aforesaid facts and circumstances, there is nothing which may persuade this Court from taking a different view than the one taken by the Co-ordinate Bench of this Court while granting interim anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application is allowed. The interim order dated 28.02.2025 is made absolute in terms of the aforesaid order. September 17, 2025 S. Shivhare NABAIL No. 181 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench