Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 146132 (ALL)

OM NARAYAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. /PRIN. SECY. HOME LKO. AND 2 OTHERS

ABAIL/664/2025 · 2025-06-12

Rajeev Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:35402 Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 664 of 2025 Applicant :- Om Narayan Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. /Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Manoj Sahu,Sonika Sahu Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant and learned AGA 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.415 of 2022 u/s 409 & 420 I.P.C. (U/S 316(5) & 318(4) of BNS) Police Station- Hazratganj, District- Lucknow. 3. Learned counsel for the applicant has submitted that the applicant has falsely been implicated in the present case. As the FIR of case in question was challenged by the applicant before the Writ Court in Crl. Misc. Writ Petition No.4945 of 2024, in which the arrest of the petitioner was stayed. The applicant has cooperated in the investigation, he never misuse the liberty of bail and thereafter chargesheet was filed. He further submitted that no custodial trial is necessary. The other co-accused person, namely Ram Saran has already been granted anticipatory bail in Crl. Misc. Anticipatory Bail Application No.287 of 2024, therefore, the applicant is also entitled for anticipatory bail. 4. Learned A.G.A. vehemently opposes the prayer of the applicant but he does not dispute the fact that the arrest of the applicant was stayed and co-accused Ram Saran has already been enlarged on anticipatory bail. 5. 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, as the chargesheet has already been filed and applicant cooperated in the investigation, therefore this is fit case for granting 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./351 B.N.S.S. 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. 6. With above directions, the anticipatory bail application is allowed. Order Date :- 12.6.2025 Reena/- (Rajeev Singh,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench