ANIL KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
NABAIL/317/2025 · 2025-05-14
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133589 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133589 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 317 of 2025 Applicant :- Anil Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Atul Verma,Arvind Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. Heard learned counsel for applicant and learned A.G.A. for State. On 11th April, 2025 following order had been passed vide interim protection:-
"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 Crime No.75 of 2025, under Sections 318 (4), 338, 336(3), 340 (2), BNS (erstwhile Sections 420, 467, 468, 471 IPC), and Sections 8/11/13(5) of U.P. Public Examination (Prevention of Unfair Means) Ordinance, 2024, Police Station Kachhauna, District Sitapur. 3. As per contents of FIR, applicant is said to be the Principal and owner of the premises from which copying and solving question papers was being conducted for the High School and Intermediate Examination. 4. It is submitted by learned counsel for applicant that the applicant has been falsely implicated in the charges levelled against him and there was no recovery incriminating or otherwise either from the person or his premises. It is further submitted that his name has been nominated only on the basis of alleged confessional statements of persons who were apprehended from the spot. It is also stated that the applicant resides in Lucknow and travels to and fro Hardoi. 5. Learned A.G.A. has opposed the bail application with the submission that in fact the applicant is the owner of the premises from where the copying and solving of question papers was being conducted. It is also submitted that a total 14 persons were apprehended from the spot indulging in the said activity. It is however admitted that the applicant does not have any previous criminal history. 6. Considering the submission advanced by learned counsel for the parties, it is directed that the case be listed on 18.04.2025 in the category of top ten cases. 7. Objection may be filed in the meantime. 8. It is directed that till the next date of listing, the applicant shall not be arrested with regard to aforementioned case crime number."
Counter affidavit has been filed in the meantime.
As per which investigation is still ongoing. The counter affidavit does not indicate any situational difference from the date when interim protection was granted to the applicant. In view thereof, the interim protection granted earlier is made absolute till filing of police report. In view of the above, it is provided that in the event of arrest, the applicant- Anil Kumar Singh shall be released on anticipatory bail in Case Crime No.75 of 2025, under Sections 318 (4), 338, 336(3), 340 (2), BNS (erstwhile Sections 420, 467, 468, 471 IPC), and Sections 8/11/13(5) of U.P. Public Examination (Prevention of Unfair Means) Ordinance, 2024, Police Station Kachhauna, District Sitapur on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this protection. The application stands allowed. Order Date :- 14.5.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench