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2025 DAILYLAW 199352 (ALL)

CHOTE LAL v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND ANOTHER

NABAIL/141/2025 · 2025-10-27

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. - 141 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The applicant has moved the present application praying for grant of anticipatory bail in Case Crime No. 288 of 2024, under sections 506, 504, 471, 468, 467, 420 and 419 of IPC P.S.- Dalmau District - Raebareli. 2.Heard learned counsel for the applicant and learned A.G.A. for the State who has opposed the bail. None appears for the complainant/respondent No.2. 3.This Court while giving interim protection has passed the following order on 18.2.2025 : - "Supplementary affidavit filed today by counsel for the applicant is taken on record. 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. 288 of 2024, under sections 506, 504, 471, 468, 467, 420 and 419 of IPC P.S.- Dalmau District - Raebareli. 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 applicant is a marginal witness and he is no way concern to commit any offence. Further submission is that no sale consideration has ever incredited in the account of the applicant and thus, he is no way beneficiary of the same. Further submission is that the applicant has a case criminal history which has been explained and he is cooperating in the investigation proceedings and he undertakes that he will always remain present before the investigating officer as and when required. He also submits that there is acute apprehension that the applicant will be arrested by the police thus, submission is that the the Versus Counsel for Applicant(s) : J.B. Singh Counsel for Opposite Party(s) : G.A., Uma Kant Gupta Chote Lal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Another .....Opposite Party(s) 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- Chote Lal 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 third week of March, 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 25- 02-2025 at 02.00 P.M., failing which, the Investigation Officer shall inform this court while filing the Counter Affidavit that the applicant has cooperated in the investigation proceedings or not. " 4.Learned counsel for the applicant has submitted that in compliance of order extracted above, the applicant has filed bonds and he has been enlarged on interim anticipatory bail. It is submitted that the applicant undertakes to cooperate in the trial. 5. Learned A.G.A. has opposed the anticipatory bail application. NABAIL No. 141 of 2025 2 6.Considering the interim protection granted by this Court vide order extracted above which has not been misused by the applicant, the peculiar facts of this case, undertaking that the applicant shall cooperate in the trial, charge sheet has been filed and without expressing any opinion on the merit of the case, I am of the opinion that the interim protection granted earlier is liable to be and is hereby made absolute. 7.The application is allowed accordingly. October 27, 2025 Madhu D.R/P.S NABAIL No. 141 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench