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2025 DAILYLAW 137810 (ALL)

MANOJ KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER

ABAIL/480/2025 · 2025-08-18

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48175 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 480 of 2025 Applicant :- Manoj Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Mukesh Kumar,Gulam Mustafa Counsel for Opposite Party :- G.A.,Alok Kumar Singh Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Gulam Mustafa, learned counsel for the applicant and 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 02.05.2025: "1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of State. 2. Issue notice to opposite party no. 2. 3. This first anticipatory bail applicantion has been filed with regard to Case Crime No. 264 of 2023 under Section 420 IPC, Police Station Kotwali Sadar, District Khiri. 4. As per contents of First Information Report, the applicant has deceived the informant of a substantial amount of money on the false pretext of providing employment. 5. It has been submitted that applicant has been falsely implicated in charges levelled against him. It is submitted that the allegations levelled in the FIR on the face of it made the story against applicant improbable particularly since allegedly Rs.4.5 lakh have been allegedly demanded by applicant for providing Visa. It is submitted that applicant has co- operated during investigation and even otherwise maximum punishment is below seven years. 6. Learned AGA has opposed bail application with the submission that the entire amount has in fact been credited in the account of applicant. It is, however, admitted that applicant does not have any previous criminal history and has co-operated during investigation. 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that applicant has co-operated during the course of investigation. The aspect of allegations being corroborated by evidence would require consideration. 8.Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Manoj Kumar 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 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 tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. 9. List this case on 19.05.2025, as fresh alongwith service report. 10. Objections may be filed in the meantime." 3. The State has filed a counter affidavit annexing therewith a copy of the charge sheet dated 03.06.2023 submitted against the applicant for commission of offence under Section 420 I.P.C. 4. The learned A.G.A. does not allege violation of any condition of interim anticipatory bail granted to the applicant. 5. 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. 6. Accordingly, the anticipatory bail application is allowed. The interim order dated 02.05.2025 is made absolute in terms of the aforesaid order. Order Date :- 18.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench