SHYAM SUNDAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND ANOTHER
/1264/2025 · 2025-09-23
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163826 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163826 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1264 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.0188 of 2025 under sections 305D, 331(4) BNS, P.S. Mahanagar, district Lucknow. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.It is alleged in the prosecution case that from Om Mahakaleshwar Mahadev Ji mandir, on 26.7.2025 at about 3.45a.m., lock of donation box has been broken and theft has been committed. 4.Learned counsel for the applicant submits that the applicant has been falsely implicated. Except the confessional statement of co-accused, there is no other material with the prosecution against the applicant. There is no recovery from the applicant. The applicant has explained criminal history of seven cases in para 17 of the anticipatory bail application.
Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation. 5.Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel but could not dispute the argument advanced by
learned counsel for the applicant. He submits that the investigation is Versus Counsel for Applicant(s) : Sindhuja Tiwari, Ashish Kumar, Sapna Pandey Counsel for Opposite Party(s) : G.A. Shyam Sundar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another .....Opposite Party(s)
pending. 6.Considering the above aspects of the matter, the fact that the applicant has explained the criminal history, nature and gravity of the offence, the undertaking given on behalf of the applicant that he will cooperate in the investigation, perusal of the record, as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 9.In view of the above, it is provided that in the event of arrest, the applicant shall be released on interim anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the investigating officer/S.H.O./arresting officer. The applicant shall report to the investigating officer within seven days from the date of receipt of a certified copy of this order. The investigating officer shall enlarge the applicant on anticipatory bail, as directed above. 10.The applicant shall cooperate in the investigation and he will not influence the witnesses. The applicant shall not leave India sans previous permission of the Court. In case of default, it would be open for the investigating agency to proceed in accordance with law/ to move application for vacation of this
order. September 23, 2025 kkb/ NABAIL No. 1264 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench