SONU AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. AND 2 OTHERS
NABAIL/695/2025 · 2025-09-17
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147456 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147456 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 695 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Kuldeep Bajpai, learned counsel for the applicants and Shri Shikhar Srivastava, learned A.G.A. for the State and Shri Pranjal Jain, Advocate holding brief of Shri Purnendu Chakravarty, learned counsel for the complainant. 2. The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.04.2025 implicating 6 persons, including the applicant, on the basis of suspicion stating that Rs.50,000/- had gone missing from a locker in the wardrobe of the complainant's house on 01.04.2025. The persons implicated are the domestic servants of the complainant. 3. In the affidavit filed in support of the application, it has been stated that the applicants are innocent, they have been falsely implicated in the present case and they have no criminal history. 4. The applicants were granted stay of arrest by means of the following order passed by the Co-ordinate Bench of this Court on 23.06.2025:
"Heard learned counsel for the applicants, learned AGA for the State and perused the record. The instant application has been filed on behalf of the applicants with the prayer to release them on anticipatory bail in Case Crime No. 0021 of 2025, under Section 305(A) of BNS, 2023, Police Station Gautampalli, District Lucknow. It is contended by learned counsel for the applicants that the applicants were never Versus Counsel for Applicant(s) : Kuldeep Bajpai, Archana, Pallavi Borgohain Counsel for Opposite Party(s) : G.A., Purnendu Chakravarty Sonu And Another .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. And 2 Others .....Opposite Party(s)
involved in committing the offence. He further submits that there is CCTV but no CCTV footage has been procured by the Investigating Officer. He also added that on the basis of suspicion, the applicants have been named in the First Information Report and there is no cogent piece of evidence against them. Further submission is that the applicants are cooperating in the investigation proceedings and they have undertaken to always remain present before the Investigating Officer as and when required. Thus, submission is that the applicants may be enlarged on anticipatory bail. On the other hand, learned AGA for the State submits that he has no comments, therefore, the matter may be posted for another day.
As prayed, list/put up this matter on 07.07.2025, as fresh. In the meantime, the applicants shall not be arrested. It is clarified that the applicants shall cooperate in the investigation proceedings and they shall remain present before the Investigating Officer as and when required, failing which the Investigating Officer shall inform to this Court."
5. The State as well as the complainant has not filed any counter affidavit. 6. The learned A.G.A. does not allege violation of any condition of interim anticipatory bail granted to the applicants. 7. 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 stay of arrest to the applicants. 8. Accordingly, the anticipatory bail application is allowed. The interim order dated 23.06.2025 is made absolute in terms of the aforesaid order. September 17, 2025 S. Shivhare NABAIL No. 695 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench