SANJAY SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER
ABAIL/442/2025 · 2025-07-15
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135817 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135817 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:40386 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 442 of 2025 Applicant :- Sanjay Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- J.B. Singh 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 applicant 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. 0160 of 2024 under Sections 420, 467, 468, 471, 504, 506 & 34 IPC, Police Station Deeh, District Rae Bareli. The Co-ordinate Bench of this Court vide order dated 24.4.2025 has passed the following order:-
" 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for applicant and learned AGA appearing on behalf of State. 3. This first anticipatory bail application has been filed with regard to FIR No. 0160 of 2024 under Sections 420, 467, 468, 471, 504, 506 & 34 IPC, Police Station Deeh, District Rae Bareli. 4. As per contents of First Information Report, the applicant is said to have deceived the informant by accepting substantial amount of money on the pretext of providing employment, which was, however, not done. 5. It has been submitted that applicant has been falsely implicated in the charges levelled against him which would be evident from the fact that there is no allegation of any amount being paid into the applicant's account. 6. Learned AGA appearing on behalf of State on the basis of instructions has opposed bail application with the submission but investigation is yet ongoing in which applicant is not co-operating. It is, however, admitted that previous criminal history of three cases has already been explained. 7. Upon consideration of submissions advanced by learned counsel
for parties and perusal of material on record, prima facie, it appears that investigation in the matter is still ongoing and the aspect of whether any payment was made into the applicant's account is yet to be established. His previous criminal history of applicant has already been explained. 8.
Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Sanjay Singh 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) The applicant shall present himself before the Investigating Officer on 28.04.2025 at 02:00 PM. (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 charge-sheet 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.
9. Issue notice to opposite party no. 2, returnable at an early date.
10. List this case on 08.05.2025 , as fresh alongwith service report.
11. Objections may be filed in the meantime specifically indicating whether applicant has co-operated during investigation or not."
Learned counsel for the applicant submits that the applicant has been released on interim anticipatory bail after filing of the personal bonds and two sureties before the investigating officer. He has duly cooperated in the investigation. He has not misused the liberty of interim anticipatory bail granted by this Court. He has no previous criminal history. He undertakes to further cooperate in the investigation as well as in the trial and in case, he is enlarged on anticipatory bail, he shall not misuse the liberty of same.
Learned A.G.A. has not filed any objection as directed by the Court. 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 applicant that he 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 24.4.2025 is made absolute in view of the judgment of the Hon'ble Supreme Court in re: Musheer Alam vs. State of U.P. and another, decided on 17.01.2025 vide S.L.P. (Crl.) No. 18081 of 2024. In view of the aforesaid, the anticipatory bail application is allowed.
Order Date :- 15.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench