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2025 DAILYLAW 186165 (ALL)

SOORAJ DUBEY v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO.

NABAIL/1899/2025 · 2025-12-03

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. - 1899 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in F.I.R./Case Crime No. 191/2025, Under Section- 305(a), 331(4), 117(2) BNS corresponding section 379, 411, 457 IPC, Police Station- Huzoorpur, District-Bahraich. Heard Ms. Swati Singh, learned Advocate holding brief of Shri Anil Pandey, learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for the applicant submits that the applicant has explained his criminal antecedent relating to one case in paragraph 16 of the bail application. It is further submitted that the applicant is not named in the FIR and his involvement has surfaced only on the basis of the confessional statement of the co-accused Kamlesh while in police custody. The offences in question are triable by the Magistrate. Learned counsel for the applicant further submits that if the accused is 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. Although learned AGA has opposed the bail application, no other corroborative material against the applicant, except the confessional Versus Counsel for Applicant(s) : Anil Pandey Counsel for Opposite Party(s) : G.A. Sooraj Dubey .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s) statement of the co-accused, has been shown. Considering the facts that the recovery of Rs.12,500/-, one coin and one pair of payal has been effected from another co-accused; the applicant has already explained his criminal antecedent of a single case; his name has surfaced merely through a confessional statement of a co-accused in police custody; and in view of the undertaking furnished on his behalf to cooperate in the investigation, I am of the view that the applicant is entitled to the benefit of anticipatory bail in this case, in light of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his continued 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. December 3, 2025 R.C. NABAIL No. 1899 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench