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2025 DAILYLAW 186485 (ALL)

ANUJ KUMAR SINGH @ ABHAY KUMAR @ BITU v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND ANOTHER

/539/2025 · 2025-12-04

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. - 539 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary Affidavit filed by learned counsel for the applicant is taken on record. The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.106 of 2022 under Section 419, 420, 467, 468 and 471 IPC, Police Station Shukul Bazar, District Amethi. Heard learned counsel for the applicant and learned Additional Government Advocate for the State. Learned counsel for the applicant submits that a Coordinate Bench of this Court has granted anticipatory bail to the applicant vide order dated 19.05.2025 passed in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No. 539 of 2025. He further submits that the applicant has cooperated in the investigation and now the charge sheet has been filed. It has also been pointed out that co-accused Bhartendu and other co-accused have been granted bail, copies of which have been annexed as Annexure-3 to the bail application. The applicant seeks parity with the bail order of the co-accused Bhartendu. The applicant has no previous criminal history. Learned counsel additionally submits that the applicant has cooperated in the investigation and undertakes that he shall continue to cooperate during the trial. Versus Counsel for Applicant(s) : Sikandar Yadav, Veer Bahadur Counsel for Opposite Party(s) : G.A. Anuj Kumar Singh @ Abhay Kumar @ Bitu .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Lko. And Another .....Opposite Party(s) Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. On due consideration of the fact that the applicant has not misused the liberty granted to him under the anticipatory bail order, coupled with the fact that the applicant has no previous criminal history, and taking into account the undertaking given on his behalf that he shall cooperate in the trial, as also 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, and without entering into the merits of the case, it would be appropriate to grant protection to the applicant. In view of the above, it is provided that the applicant shall surrender before the concerned court within 20 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. In case of default, it would be open for the trial court to proceed in accordance with law. The application is allowed accordingly. December 4, 2025 Madhu D.R/P.S ABAIL No. 539 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench