KUNWAR VIVEK PRATAP SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/839/2025 · 2025-08-06
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155106 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155106 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45712 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 839 of 2025 Applicant :- Kunwar Vivek Pratap Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Shivam Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Shivam Pandey, 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.0135 of 2019, under Sections 420, 489C, 489E I.P.C., registered at Police Station Cantt., District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Police Inspector on 07.09.2019 against four persons including the applicant stating that on the basis of an information received from a mukhbir a vehicle was intercepted. The driver of the car escaped and the other three persons were apprehended and 120 packets of fake currency notes were recovered from the car. 4. The F.I.R. itself mentioned that the alleged fake currency notes mentioned "Bhartiya Manoranjan Bank Churan Label" and "Children Bank of India". The persons taken into custody informed that the driver who had escaped was in fact the applicant. 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 five other cases in two of which he has been exonerated, in another case the applicant has been excluded by the Investigating Officer and in rest of two cases the applicant has been released on bail. 6. The learned A.G.A. has opposed the prayer for bail and he has submitted that a huge amount of fake currency notes have been recovered from the car which was being driven by the applicant and the offence committed by the applicant is serious in nature. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated merely on the basis of custodial statements of co- accused persons; that the recovery made from the car which was allegedly been driven by the applicant are of some notes on which "Bhartiya Manoranjan Bank Churan Label" and
"Children Bank of India" was printed and the said notes do not project to have been published by the Reserve Bank of India as currency notes; that although a pistol is said to have been recovered from the car that also came out to be a toy pistol; that even if the applicant was driver of the car from which the aforesaid recoveries have been shown, this conduct would not disentitle him from getting pre arrest 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-Kunwar Vivek Pratap Singh 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