NAGENDRA PRATAP SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME CIVIL SECTT. LKO. AND ANOTHER
ABAIL/1105/2025 · 2025-10-09
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 195278 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 195278 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1105 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant; learned AGA for the State and perused the records. 2. The present application under Section 438 Cr.P.C. has been filed seeking anticipatory bail apprehending arrest in FIR/Case Crime No.704 of 2023 under sections 452, 354, 504, 506, 376 IPC, P.S. Kotwali Dehat, District Bahraich. 3. The FIR in question was lodged alleging that on 06.11.2023, the applicant came to the home of the informant and inappropriately touched her. The FIR was registered as case crime no.704 of 2023 under sections 452, 504, 506, 354 IPC. In the statement under section 164 Cr.P.C. also, no allegation of rape were levelled. Thereafter the applicant approached this court seeking stay of arrest by filing a Petition bearing Criminal Misc. Writ Petition No.80 of 2024 and the court noticing the civil dispute going on in between the parties, granted the interim protection vide order dated 16.01.2024. Subsequently, despite there being no material, the charge-sheet has been filed against the applicant under section 376 IPC also. 4. Considering the statement made and the interim protection granted by this court noticing the civil dispute in between the parties and the age of the applicant which is around sixty six years, the applicant is entitled to be enlarged on anticipatory bail during the trial subject to cooperating with Versus Counsel for Applicant(s) : Shailendra Pathak Counsel for Opposite Party(s) : G.A. Nagendra Pratap Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko. And Another .....Opposite Party(s)
the trial. Thus, the present application for anticipatory bail is accordingly allowed. 5.
In the event of arrest, let the applicant Nagendra Pratap Singh be released on anticipatory bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.30,000/- each separately to the satisfaction of Court below concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. (d) The applicant shall not leave India without the previous permission of the Court. October 9, 2025 VNP/- ABAIL No. 1105 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench