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2025 DAILYLAW 156296 (ALL)

SANDEEP SINGH v. STATE OF UP THRU. PRIN. SECY. HOME DEPTT. LKO.

NABAIL/982/2025 · 2025-08-07

Subhash Vidyarthi

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45980 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 982 of 2025 Applicant :- Sandeep Singh Opposite Party :- State Of Up Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Kamlesh Singh,Manjusha Kapil Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Smt. Manjusha Kapil, learned counsel for the applicant, Sri Diwaker Singh, learned A.G.A. appearing on behalf of the State and perused the record. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 209 of 2025, under Sections 318(4), 338, 336(3), 340(2), 61(2) B.N.S and 66(D) of Information Technology (Amendment) Act, registered at Police Station Sarojni Nagar, District Lucknow 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub-Inspector of Police on 17.06.2025 against six persons, stating that on the basis of information received from a mukhbir, the police busted a call center and arrested four co-accused persons. In their custodial statements, they stated that they were running a call center in collaboration with the applicant- Sandeep Singh and other co-accused person Santosh. 4. It is on the basis of the aforesaid custodial statements of co- accused persons that the applicant has been implicated in the present case. 5. 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. 6. The learned A.G.A. has opposed the anticipatory bail application and he has submitted that all the arrested persons have stated about the applicant's involvement in commission of offences. However, he could not produce any material, other than the custodial statements, which may indicate involvement of the applicant in commission of any offence. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated in the present case solely on the basis of custodial confessional statements of co-accused persons and that the applicant has no criminal history and he has undertaken to cooperate in the investigation or trial, 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- Sandeep 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