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2025 DAILYLAW 138369 (ALL)

OM PRAKASH YADAV @ LALLAN YADAV v. STATE OF U.P. THRU. SECY. DEPTT. HOME AFFAIRS LKO

NABAIL/408/2025 · 2025-05-07

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26577 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 408 of 2025 Applicant :- Om Prakash Yadav @ Lallan Yadav Opposite Party :- State Of U.P. Thru. Secy. Deptt. Home Affairs Lko Counsel for Applicant :- Akhilesh Pratap Singh,Ashutosh Prakash Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1. 2. First Anticipatory Bail Application has been filed with regard to Case Crime no.244 of 2024 under Section 61(2), 308(6), 231, 217 of BNS , P.S. Sangramgarh, District Pratapgarh. 3. As per contents of first information report which has been lodged by cousin of applicant, allegation has been levelled against persons nominated therein of having abducted their family members including son of applicant. 4. It has been submitted that applicant has been falsely implicated in charges levelled against him and that in fact an incident had occurred in the Village leading to filing of three separate first information reports on the same day, i.e. 02.11.2024 itself with regard to said incident. It is submitted that due to said altercation, in fact, the persons nominated in the F.I.R. had abducted family members including the son of informant and applicant has been unnecessarily dragged into the controversy merely to shield the opposite parties. It is submitted that applicant's previous criminal history has been explained and investigation is still ongoing in which he is cooperating. 5. Learned Additional Government Advocate has opposed anticipatory bail application with submission that in fact during course of investigation, it transpired that the present F.I.R. has been lodged by informant who is family member of applicant only to wriggle out of other two first information reports which have been lodged against them bearing Case Crime No.243 of 2024 and Case Crime No.245 of 2024. It is however, admitted that previous criminal history of applicant has been explained and investigation against applicant is still ongoing. 6. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, it appears that some incident had taken place in the Village leading to lodging of three separate first information reports on the same day. At this stage, when investigation is still ongoing, complicity of applicant cannot be discerned. It has been undertaken that applicant would cooperate during investigation. Thus, in view of law laid down by Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant anticipatory bail to applicant under Section 438 Cr.P.C./482 BNSS. 7. In view of the above, it is provided that till filing of police report u/s 173(2) Cr.P.C./193 BNSS in the event of arrest, applicant Om Prakash Yadav @ Lallan Yadav shall be released on anticipatory bail in aforesaid Case Crime number on his/her 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:- (i) That the accused-applicant shall make himself/herself available for interrogation by police authorities as and when required and will cooperate with the investigation; (ii) That the accused-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; and (iii) That the accused-applicant shall not leave India without the previous permission of the Court. (iv) In case of default, it would be open for the investigating agency to move application for vacation of this order. 8. The application stands disposed of. Order Date :- 7.5.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench