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2025 DAILYLAW 127749 (ALL)

SHREE PAL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

ABAIL/316/2025 · 2025-07-09

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39084 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 316 of 2025 Applicant :- Shree Pal And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Iqbal Ali Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. As per the office report, the notices to the complainant are served. However, none appears on behalf of the complainant. Heard learned counsel for the applicants and learned A.G.A. for the State. The present application under Section 438 Cr.P.C./482 B.N.S.S. has been filed seeking anticipatory bail in F.I.R./Case Crime No. 834 of 2023, under sections 419, 420, 467, 468, 471 of the I.P.C., Police Station- Kotwali Sadar, District- Lakhimpur Kheri. The Co-ordinate Bench of this Court vide order dated 12.3.2025 has passed the following order:- " Heard learned counsel for the applicants, 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 them on anticipatory bail in Case Crime No. 834 of 2023, under sections 419, 420, 467, 468, 471 of the I.P.C., Police Station-Kotwali Sadar, District-Lakhimpur Kheri. Contention of learned counsel for the applicants is that the applicants are innocent and have falsely been implicated. He added that the applicants were appointed in the year 1990 in the department of P.R.D. and without verification of the record, the first information report has been lodged while alleging that the applicants have committed cheat and fraud by using the fake marksheets. He next added that the applicants are the law abiding citizens and they had been the government employees and there is no possibility that they will flee away from the investigation proceedings. He also submits that the applicants have no previous criminal history and since there is an apprehension that the police will arrest the present applicants and as such, submission is that they may be enlarged on anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submits that there are serious allegations against the applicants and as such, they are not entitled for any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it a fit case for grant of interim anticipatory bail. Accordingly, till the next date of listing, the present applicants- Shree Pal & Surendra Lal alias Surendra Kumar, shall be released forthwith, in case of their arrest, in the aforesaid case crime (supra) on an interim anticipatory bail on their furnishing personal bonds and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicants shall make themselves 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 applicants shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted, the applicants shall not tamper with the evidence during the trial; (v) that the applicants shall not pressurize/ intimidate the prosecution witness; (vi) that the applicants 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 the steps are taken, the office shall proceed accordingly. List/put up this matter in the Third Week of April,2025. In the meantime, learned counsel for the State as well as opposite party no. 2 shall file their counter affidavits. The applicants are directed to appear before the Investigating Officer on 21-03-2025 at 02.00 P.M., failing which, the Investigating Officer shall inform this court while filing the Counter Affidavit that the applicants have cooperated in the investigation proceedings or not. " Learned counsel for the applicants submits that the applicants have been released on interim anticipatory bail after filing of the personal bonds and two sureties each before the investigating officer. They have duly cooperated in the investigation. They have not misused the liberty of interim anticipatory bail granted by this Court. They have no previous criminal history. They undertake to further cooperate in the investigation as well as in the trial and in case, they are enlarged on anticipatory bail, they shall not misuse the liberty of same. Learned A.G.A. opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicants. Without expressing any opinion on the merits of the case and considering the nature of accusation and having no previous criminal antecedents, coupled with the undertaking given by the applicants that they will further cooperate in the investigation as well as in the trial, the interim protection granted by a coordinate bench of this Court vide order dated 12.3.2025 is made absolute. In view of the aforesaid, the anticipatory bail application is allowed. Order Date :- 9.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench