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2025 DAILYLAW 162736 (ALL)

NEERAJ @ NEERAJ KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.

ABAIL/965/2025 · 2025-09-04

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 965 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Sanjay Kumar, the learned counsel for the applicant as well as Sri Angad Kumar Viswakarma, the learned Additional Government Advocate appearing on behalf of the State and Sri Dinesh Kumar Chaudhary, Advocate who has put in appearance on behalf of the informant and filed his vakalatnama, which is taken on record. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.0058 of 2024, under Sections 147, 323, 504, 506, 392, 447, 419, 420, 467, 468, 471 I.P.C., registered at Police Station Maharajganj Tarai, District Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on the basis of an application filed under Section 156 (3) Cr.P.C. against four named accused persons, not including the applicant and their unnamed accomplices stating that the informant's maternal uncle Ram Naresh died on 13.07.2023. He was unmarried and he used to reside in a rented accommodation owned by co-accused Meera Devi. After his cremation the informant and his family members returned home after putting lock in the shop of Ram Naresh. When the informant and her mother had gone to get the goods of Ram Naresh on 31.07.2025 the accused persons assaulted them. The F.I.R. states that the named co-accused Meera Devi is falsely claiming herself to be the widow of late Ram Naresh and she has filed a suit. The F.I.R. further states that Neeraj Kumar (the applicant) has wrongly recorded the name of Meera Devi in the pariwar register. 4. In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is working as Gram Panchayat Sachiv, he is innocent, he has no criminal history and he has falsely been implicated in Versus Counsel for Applicant(s) : S.P. Singh Somvanshi, Sanjay Kumar Counsel for Opposite Party(s) : G.A. Neeraj @ Neeraj Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) the present case. 5. The learned A.G.A. and the learned counsel for the informant have opposed the prayer for anticipatory bail and they have stated that the applicant has misused his position of Gram Sachiv by wrongly recording the name of co-accused Meera Devi in the pariwar register. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the question as to whether co-accused Meera Devi is wife of the deceased Ram Naresh or not, is open to be decided in a civil suit which is said to be pending coupled with the fact that the applicant is a government official having no criminal history 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. 7. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Neeraj @ Neeraj Kumar 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. September 4, 2025 Ram. ABAIL No. 965 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench