LALA @ LALA RAIDAS v. STATE OF U.P. THRU. PRIN. SECY. (HOME) LKO.
ABAIL/1046/2025 · 2025-09-18
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165395 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165395 (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 438 CR.P.C. No. - 1046 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Brijesh Kumar Yadav, the learned counsel for the applicant as well as Sri Mayank Sinha, 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.942 of 2023, under Section 364 I.P.C., registered at Police Station Kotwali Nagar, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on the basis of an application under Section 156 (3) Cr.P.C. filed by the applicant himself against two named accused persons stating that the named accused persons have abducted the applicant's son. 4. During investigation it came to light that the alleged abducted person is living in Gujarat and the applicant was in constant touch with him from which it appears that the applicant has lodged a false F.I.R.
5. In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is an old person aged 68 years, he is innocent, he has no criminal history and he has falsely Versus Counsel for Applicant(s) : Brijesh Kumar Yadav Counsel for Opposite Party(s) : G.A. Lala @ Lala Raidas .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) Lko. .....Opposite Party(s)
been implicated in the present case. 6. The learned A.G.A. has opposed the prayer for bail and he has submitted that the applicant is not cooperating in the investigation. 7. The learned counsel for the applicant has submitted that the applicant has undertaken to cooperate with the investigation. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is an old person 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. 9. In view of the above, the anticipatory bail application of the applicant is allowed.
In the event of arrest/ appearance of applicant- Lala @ Lala Raidas before the learned Trial Court in the aforesaid case crime, he shall be released on 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 18, 2025 Ram. ABAIL No. 1046 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench