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Neutral Citation No. - 2025:AHC:19817 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 789 of 2025 Applicant :- Ravindra Nath Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prateek Mishra,Siddhartha Baghel Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant, Shri Neeraj Kumar Sharma, learned AGA and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 178 of 2024, under section 306 IPC, Police Station Khaga, District- Fatehpur. 3. Counsel for the applicants submits that the applicant is a Consolidation Officer and has been falsely implicated in the instant case. The incident is alleged to have occurred on 19.06.2024 and the first information report was lodged on
01.07.2024. The delay is fatal to the prosecution case. As per the allegations in the first information report, the necessary ingredients to constitute the offence under Section 306 I.P.C., are not made out. The applicants, in no manner, abetted the commission of suicide by the deceased. Counsel for the applicants has also placed reliance on the judgement of the Apex Court in the case of Geo Varghese vs. State of Rajasthan and another reported in 2021 SCC OnLine SC 873. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of the police report. 6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and
antecedents of the applicant, in particular the fact, that as per the allegations in the FIR, the necessary ingredients to constitute the offence under Section 306 I.P.C. are not made out, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 7.
In the event of arrest, the applicant Ravindra Nath Pandey be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C. on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions: (i) the applicant shall make himself available for interrogation by a police officer as and when required; (ii) 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; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.
8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
11. The application stands disposed of.
Order Date :- 11.2.2025/Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad