ATUL KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
NABAIL/986/2025 · 2025-08-07
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155542 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155542 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:46037 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 986 of 2025 Applicant :- Atul Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- J.B. Singh,Vineet Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Supplementary affidavit filed by the learned counsel for the applicant is taken on record. 2. Heard Sri J.B. Singh, learned counsel for the applicant, Sri Diwaker Singh, learned A.G.A. appearing on behalf of the State and perused the record. 3. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 0041 of 2025, under Sections 419, 420, 467, 468, 471, 506, 34 I.P.C., registered at Police Station Tikait Nagar, District Barabanki. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.02.2025 against four named persons, including the applicant and 4-5 unknown persons, stating that there is an old animosity between the informant and the accused persons due to village politics and the informant had previously lodged an F.I.R No. 374 of 2024 against the accused persons. 5. In the present F.I.R, the informant has alleged that the applicant had passed High School Examination in the year 2007 and he has again passed High School Examination in the year 2013. The applicant's date of birth mentioned in both the certificates is different. The informant has alleged that the applicant is working in the Indian Army on the basis of forged High School Examination certificate. 6. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 7. A supplementary affidavit has been filed on behalf of the applicant explaining that although his District Crime Records Bureau (D.C.R.B) report mentions his involvement in three cases, one case is mentioned in the F.I.R itself, in which the applicant has not been summoned and it appears that the Investigating Officer has submitted a closure report, in the second case, the Investigating Officer has submitted a final report and the third case is the present case. 8.
The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R alleges an old animosity between the parties due to which the informant had previously also lodged an F.I.R in the year 2024 but the applicant has not summoned in that case; as per the F.I.R version, the applicant is serving in the Indian Army and, therefore, there appears to be no reasonable apprehension of the applicant's escaping the process of law; and that the applicant has undertaken to cooperate in the investigation/trial, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 10. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Atul Kumar 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 themselves 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 :- 7.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench