Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 153781 (ALL)

ANOOP KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER

ABAIL/823/2025 · 2025-07-28

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:43391 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 823 of 2025 Applicant :- Anoop Kumar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Vinod Kumar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present anticipatory bail application has been filed by the applicants apprehending their arrest in FIR/Case Crime No.354/2019, U/S-419,420,467,468 I.P.C., Police Station- Kachauna, District-Hardoi. Heard learned counsel for the applicants and learned A.G.A. for the State. Notice to respondent no. 2 is dispensed with in view of the proposed order. In the prosecution case, it is alleged that the applicants by hatching conspiracy executed a sale deed in favour of the complainant of gata No. 782 in stead of gata No. 1392kha. Learned counsel for the applicants submits that they have been falsely implicated in the present case and they have no prior criminal antecedents. The incident is alleged to have occurred on 25.05.2010, whereas the FIR was lodged after an unexplained delay of nearly nine years, on 14.09.2019. The offences alleged are triable by a Magistrate, and the charge sheet has already been filed. It is further submitted that the applicants have cooperated during the course of investigation and undertake to extend full cooperation during the trial as well. Learned A.G.A. has opposed the anticipatory bail application. On due consideration to the judgment in Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116, the fact that the offences are triable by a Magistrate, the filing of the charge sheet, absence of any criminal antecedents, and the undertaking given by the applicants to cooperate with the trial, this Court is of the considered opinion that the applicants are entitled to be granted anticipatory bail, subject to their continued cooperation in the proceedings. In view of the above, the accused-applicants, Anoop Kumar and Ajit Kumar, are directed to surrender before the trial court within a period of twenty days from today. Upon their surrender, the trial court shall release them on anticipatory bail, subject to their furnishing personal bonds and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicants shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicants shall not travel outside India without prior permission from the Court; (iii) The applicants shall not attempt to influence or intimidate any prosecution witness; (iv) The applicants shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicants; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. Order Date :- 28.7.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench