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2025 DAILYLAW 127877 (ALL)

RAM PRAVESH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

ABAIL/304/2025 · 2025-08-18

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48237 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 304 of 2025 Applicant :- Ram Pravesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Arvind Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Arvind Mishra, the learned counsel for the applicant, Sri Rajesh Kumar Singh, the learned AGA for the State and perused the records. 2. On 10.03.2025, 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. 0291 of 2024, under sections- 419, 420, 467, 468 and 471 of IPC P.S.- Mill Area District - Raebareli. 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 it has been alleged that the applicant has committed cheat & fraud while using a fake marksheet for his appointment though, the same is not correct. He also submits that some adoption was undertaken and the person who adopted the applicant belongs to the Scheduled Tribe and under the aforesaid misconception, the applicant had declared himself to be of Scheduled Tribe. He also added that the applicant has cooperated in the investigation proceedings and he has no previous criminal history 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 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-Ram Pravesh 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. List/put up this matter in third week of April, 2025. In the meantime, the State may file counter affidavit. The applicant is directed to appear before the Investigating Officer on 18.03.2025 at 02.00 P.M., failing which, the Investigation Officer shall inform this court while filing the Counter Affidavit that the applicant has cooperated in the investigation proceedings or not. " 3. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge sheet dated 18.03.2025. 4. 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. 5. In view of above, the interim order dated 10.03.2025 is made absolute and the anticipatory bail application is allowed in terms of the order dated 10.03.2025. . (Subhash Vidyarthi,J.) Order Date :- 18.8.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench