Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 145365 (ALL)

ADITYA NARAIN DUBEY v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER

NABAIL/636/2025 · 2025-06-10

Rajeev Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:35115 Court No. - 11 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 636 of 2025 Applicant :- Aditya Narain Dubey Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Abhishek Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant anticipatory bail application has been filed by the applicant with a prayer to enlarge him on anticipatory bail in Case Crime No. 109 of 2025, u/s 191(2), 115(2), 352, 351(3), 333, 109(1), 309(4) of B.N.S., Police Station- Kotwali Ayodhya, District- Ayodhya. 3. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. He further submits that police officials are trying to arrest the applicant, but no custodial interrogation is necessary for the alleged offense. He further submits that after filing the anticipatory bail application before learned Sessions Judge, Ayodhya, non bailable warrant was obtained by the Investigating Officer without disclosing this fact that application for anticipatory bail has already been filed. He next submits that co-accused, namely, Pawan Kumardhar Dwivedi, having identical role, has already been granted anticipatory bail vide order dated 09.06.2025 passed in Crl. Misc. Anticipatory Bail Application No. 629 of 2025, hence, the applicant is also entitled for anticipatory bail. 4. Learned A.G.A. vehemently opposes the prayer of the applicant. However, he does not dispute the fact that co- accused, namely, Pawan Kumardhar Dwivedi has already been granted anticipatory bail. 5. As learned A.G.A. informs that the applicant is having criminal antecedent of two cases, in response to the same, learned counsel for the applicant submits that till today, no charge-sheet is filed in a single case. 6. Considering the submissions of learned counsel for the parties and going through the contents of the F.I.R. as well as other relevant materials, it is evident that co-accused, namely, Pawan Kumardhar Dwivedi has already been granted anticipatory bail. Therefore, the applicant is entitled for anticipatory bail. In case the applicant is taken into custody by Investigating Officer/Investigating Agency, he shall be released forthwith on anticipatory bail after taking personal bond of Rs. 50,000/- and two sureties each in the like amount with the following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (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 or tamper with the evidence. (iii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. With above directions, the anticipatory bail application is allowed. Order Date :- 10.6.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench