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2025 DAILYLAW 128496 (ALL)

SUBHASH CHANDRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO AND ANOTHER

ABAIL/324/2025 · 2025-08-20

Subhash Vidyarthi

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49143 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 324 of 2025 Applicant :- Subhash Chandra Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko And Another Counsel for Applicant :- Anil Kumar Mishra,Arun Chand Pandey,Ram Bahadur Maurya Counsel for Opposite Party :- G.A.,Manjusha Kapil Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Anil Kumar Mishra, learned counsel for the applicant, Shri Jayant Singh Tomar, 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 12.03.2025: "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. 120 of 2023, under sections- 420, 467 and 468 of IPC P.S.-Sangrampur District - Amethi. 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 working as a village Panchayat Secretary and the paper which was forwarded by the Gram Prathan, while connecting the statement of three witnesses, on the basis of same, he has issued the certificate thus, he is under no fault. Further submission is that the applicant is a Government Employee and he has cooperated in the investigation proceedings. He argued that the applicant 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 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-Subhash Chandra 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 third 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 21.03.2025 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 the materials collected during the investigation and a copy of the charge sheet dated 26.03.2025. 4. Learned counsel for the complainant has put in appearance by filing his vakalatnama on behalf of the complainant on 22.04.2025 but has 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 12.03.2025 is made absolute in terms of the aforesaid order. Order Date :- 20.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench