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2025 DAILYLAW 199103 (ALL)

SHANU v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER

NABAIL/679/2025 · 2025-10-06

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 679 of 2025 Court No. - 27 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to grant him anticipatory bail in Case Crime No. 704 of 2024 u/s 64, 351(2) B.N.S., Police Station- Gola, District- Lakhimpur Kheri. 3. On 23.06.2025, following order was passed:- "Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 704 of 2024, under sections- 64, 351(2) BNS P.S.-Gola District - Lakhimpur Kheri. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the first information report has been lodged after an application under section 173(4) of BNSS was instituted. He submits that in fact a compromise was entered into between Umme Kulsum and Shanu, discloses the real story. He also submits that due to annoyance, the first information report was lodged and the applicant has also been implicated being the relative. Adding his arguments, he submits that the applicant has no previous criminal history and he undertakes that he Versus Counsel for Applicant(s) : Tribhuvan Narai Singh Counsel for Opposite Party(s) : G.A., Uma Kant Gupta Shanu .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) will always remain present before the Investigating Officer as and when required. He added that there is no need for custodial interrogation and also submits that there is acute apprehension that the applicant will be arrested by the police thus, submission is that the applicant may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is involved in committed offence, as such, he is not entitled to be released on anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Shanu shall be released forthwith, in case of his arrest in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Let notice be issued to opposite party no. 2, returnable at an early date. Steps be taken within a week. If steps are taken, office shall proceed accordingly. List/put up this matter in second week of August, 2025. In the meantime, the State as well as opposite party no. 2 may file their counter affidavits. The applicant is directed to appear before the Investigating Officer on 4.7.2025 at 02.00 P.M., failing which, the Investigation Officer shall inform this court while filing the Counter Affidavit." NABAIL No. 679 of 2025 2 4. Learned counsel for the applicant submits that the charge-sheet No. A- 52/2025 dated 07.08.2025 has already been submitted against the applicant. He further submits that as the applicant did not misuse the liberty of interim anticipatory bail, he is entitled for anticipatory bail. 5. Learned A.G.A. does not contradict the submissions of the applicant's counsel. 6. Considering the submissions of learned counsel for the parties and perusing the record, the present anticipatory bail application is disposed of in terms of the order dated 23.06.2025. October 6, 2025 Arpan NABAIL No. 679 of 2025 3 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench