ANAND PRAKASH SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER
NABAIL/105/2024 · 2025-01-21
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166420 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166420 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:3864 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 105 of 2024 Applicant :- Anand Prakash Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Gyan Sagar Gupta,Pratibha Gupta,Sanjeev Kumar Lodhi,Shivani Gupta Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Case called out. None is present to press this application on behalf of the applicant, whereas learned A.G.A. for the State is present. The present bail application under Section 482 B.N.S.S. has been filed seeking anticipatory bail in case crime No. 482 of 2024, under Sections 118(2), 352 of B.N.S., 2023, P.S.- Sushant Golf City, District- Lucknow. From perusal of the order sheet, it appears that on 24.10.2024, following order was passed wherein the present applicant has been granted interim anticipatory bail:-
"Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 0482 of 2024, under sections 118(2), 352 of B.N.S. P.S.- Sushant Golf City District -Lucknow. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the dispute had arisen in between Ashish Singh & the informant and the present applicant had no role. He added that the incident is allegedly taken place on 9.9.2024 though, the FIR has been lodged on 11.9.2024 and after 27 days, the injured was got examined and thus, the story of prosecution is demolished. He added that the injury report is appended at page 50 of the bail application, it is evident that all the injuries are simple in nature. He added that applicant is being harassed for his no fault and there is apprehension that police will arrest him thus, submission is that the applicant may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the
contentions aforesaid and submits that the applicant is named in the FIR and the injured has received injures as such, the applicant is not entitled for anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Anand Prakash Singh shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his
furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (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 in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. List/put up this matter on 07.11.2024, as fresh. In the meantime, learned counsel for the State shall file the counter affidavit. " State counsel has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after thorough considering the merits of the case. It has also not been pleaded by counsel for the State that the present applicant is not cooperating with the trial proceedings. In view of the aforesaid, the present anticipatory bail application is hereby disposed of while extending anticipatory bail to the applicant namely, Anand Prakash Singh, till disposal of the trial subject to the following conditions:- (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. In case of default, it would be open for the investigating agency to move application for vacation of this order.
Order Date :- 21.1.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench