VIPIN JAISWAL v. STATE OF U.P. THRU. SECY. HOME DEPTT. U.P. GOVT. LKO. AND ANOTHER
NABAIL/578/2025 · 2026-08-07
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3375 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3375 (ALL) · dailylaw.ai ]
Judgment text
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Court No. - 4 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 578 of 2025 Applicant :- Vipin Jaiswal Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko. And Another Counsel for Applicant :- Pawan Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Jaspreet Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application has been moved seeking anticipatory bail in respect of Case Crime No.423 of 2024, under Sections-319(2), 318(4), 338, 336(3), 340(2) B.N.S. Police Station Phool Behad, District Kheri during the pendency of the investigation. 3. Submission of learned counsel for the applicant is that the applicant has been falsely implicated. It is urged that the co accused Gaurav Jaiswal has been granted anticipatory bail by the court below, a copy whereof is annexed as Annexure No.4 (page no.36) while co accused Pankaj Jaiswal has been granted regular bail by the court below, a copy whereof is annexed as Annexure No.5 (page no.39). The applicant has a criminal history of one case as has been mentioned in paragraph 7 of the present application. 4. It is further urged that as per the allegations, the premises of a co-accused from where certain 'dhakan' were recovered and on his statement, the name of the applicant surfaced. Moreover, no recovery was made from the applicant nor he is connected with the alleged incident. 5. It is further submitted that the applicant has cooperated during investigation and he has roots in the society. There is no manner in which the applicant at this stage can influence any witness or tamper with any evidence and the applicant is ready to cooperate with the investigation as such he is entitled for benefit of anticipatory bail. 6. Learned AGA has opposed the aforesaid the anticipatory bail but could not dispute the aforesaid facts. 7. Considering the fact that the applicant does not have any criminal history and that he has stable household at this stage, this Court is of the view that the interim protection can be granted to the applicant. 8. Let counter affidavit be filed within two weeks from today, with an advance copy to the learned counsel for the applicant who may file rejoinder affidavit, within ten days thereafter. 9. List this case on 17.7.2025. 10.
As an interim measure, it is provided that till the next date of listing, in the event of arrest of the applicant- Vipin Jaiswal in Case Crime No.423 of 2024 (supra), he shall be released on anticipatory bail on his furnishing a personal bond to the Station House Officer of the Police Station concerned/ Investigating Officer/ Arresting Officer with the following conditions :- (1) The applicant shall furnish an undertaking to the investigating officer to cooperate with the investigation and make himself available for interrogation or for discovery of any fact by a police officer as and when required ; (2) 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 ; (3) The applicant shall not leave the country without the previous permission of the Court. Order Date :- 3.6.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench