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2025 DAILYLAW 155101 (ALL)

RAGHVENDRA PRATAP SINGH @ RAGHVENDRA SINGH VISHEN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT. OF U.P. LKO. AND ANOTHER

/844/2025 · 2025-08-06

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45716 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 844 of 2025 Applicant :- Raghvendra Pratap Singh @ Raghvendra Singh Vishen Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. And Another Counsel for Applicant :- Amit Kumar Singh,Prashansa Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Smt. Prashansha, the learned counsel for the applicant as well as Sri Mohd. Asif Khan, the learned Additional Government Advocate appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.0469 of 2020, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., registered at Police Station Kotwali Nagar, District Faizabad/Ayodhya. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on the basis of a complaint submitted by the Assistant Regional Transport Officer (Administration), Ayodhya on 11.07.2020 against 14 persons, including the applicant stating that three trucks which had been financed by a finance company had been transferred on the basis of fake no objection certificates issued by the financier. The F.I.R. states that the involvement of the applicant has come to light in transfer of one of three trucks. However, it does not describe as to how the applicant was involved in transfer of the truck and what act has been committed by him. 5. In the affidavit filed in support of the anticipatory bail- application it has been contended that the applicant is innocent and he has falsely been implicated in the present case. A supplementary affidavit has been filed on behalf of the applicant disclosing his involvement in three other cases, in one of the cases he has not been summoned, in another case the investigation is going on and proceedings of the third case have already been quashed on the basis of a compromise. It has also been submitted on behalf of the applicant that the co-accused Ramkaran has been granted anticipatory bail by a coordinate Bench of this court by means of an order dated 08.05.2025, passed in Criminal Misc. Anticipatory Bail Application No.2819 of 2024. 6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. merely alleges involvement of the applicant in transfer of a truck on the basis of a no objection certificate without specifying the role of the applicant and a co-accused person has been granted anticipatory bail and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Raghvendra Pratap Singh @ Raghvendra Singh Vishen before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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) that the applicant shall not leave India without the previous permission of the court' (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. . (Subhash Vidyarthi, J.) Order Date :- 6.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench