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2025 DAILYLAW 182632 (ALL)

NEERAJ KUMAR v. SENIOR DIVISION SECURITY COMMISSIONER R.P.F.N.E.R. LKO.

NABAIL/1797/2025 · 2025-11-25

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1797 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in Case Crime no. 10/2025, Under section-3 R.P.U.P. Act, Police Station-Railway Suraksha Bal Post Budhwal, District- Barabanki. Heard learned counsel for the applicant and Shri Varun Pandey, learned ASG for the respondents. Learned counsel for the applicant submits that the applicant has been falsely implicated. The applicant has explained the criminal history relating to three cases in paragraph 10 of the bail application. It is further pointed out that co- accused Surjeet Kumar and Dharmendra have already been granted regular bail by the court below, as evidenced by Annexure No. 3 to the bail application. It is also submitted that the applicant is not named in the FIR and his name has surfaced only in the confessional statement of co-accused Surjeet Kumar. No recovery has been effected from the applicant. The offences are triable by a Magistrate, and the applicant undertakes to cooperate in the investigation. Learned counsel for the applicant further submits that if the accused is Versus Counsel for Applicant(s) : Neeta Singh Chandel, Ambrish Kumar Dubey Counsel for Opposite Party(s) : A.S.G.I. Neeraj Kumar .....Applicant(s) Senior Division Security Commissioner R.P.F.N.E.R. Lko. .....Opposite Party(s) granted anticipatory bail, he undertakes to comply with all conditions imposed by the Court. He shall fully cooperate with the investigation and shall not misuse the liberty granted to him. Shri Varun Pandey, learned ASG, has opposed the bail application. Considering the explanation of criminal antecedents contained in paragraph 10, the fact that the offence is triable by a Magistrate, the grant of regular bail to co-accused persons, the absence of any recovery from the applicant, and the undertaking submitted on his behalf to cooperate in the investigation, this Court is of the view that the applicant is entitled to anticipatory bail in light of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his cooperation in the investigation. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- The applicant shall report to the investigating officer within twenty days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. The application is allowed. November 25, 2025 R.C. NABAIL No. 1797 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench