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2025 DAILYLAW 180105 (ALL)

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

ABAIL/1350/2025 · 2025-12-05

Karunesh Singh Pawar

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. - 1350 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.157 of 2025 under sections 419, 420 I.P.C., P.S. Rampur Mathura, district Sitapur. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.Learned counsel for the applicant submits that offences are triable by Magistrate. The applicant has no criminal history. Charge sheet has been filed. The maximum punishment for the offence is upto seven years. 4.Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. He submits that there is no apprehension of arrest and the present application is liable to be rejected. In reply, learned counsel for the applicant submits that bailable warrant has been issued against the applicant. 6.Considering the above aspects of the matter, perusal of the record, the applicant was not arrested during investigation, the undertaking given on behalf of the applicant that he shall cooperate in the trial, charge sheet has been filed in the year 2020, the applicant has no criminal antecedent, judgment of Supreme Court in Musheer Alam versus The State of U.P. Versus Counsel for Applicant(s) : Vinay Kumar Singh Counsel for Opposite Party(s) : G.A. Pankaj Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) and another 2025 SCC OnLine SC 116 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 7. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. 8. In case of default, it would be open for the trial court to proceed in accordance with law. 9. The application is allowed accordingly. December 5, 2025 kkb/ ABAIL No. 1350 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench