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Neutral Citation No. - 2025:AHC:55912 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2573 of 2025 Applicant :- Kamlakar Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Mohan Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State- opposite party, and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 282 of 1990, under Sections 147, 148, 149, 323, 332, 353, 395, 504 I.P.C., Police Station Line Bazaar, District Jaunpur. 3. Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. The name of the applicant was disclosed by the informant after three years of the alleged incident on 17.09.1993. In the alleged incident the injuries sustained by the injured persons were found simple in nature. There are vague and general allegations against the applicant. The applicant retired as an Associate Professor on 30.06.2010. At this stage there is no credible evidence to link the applicant with the offence. It is next contended that the applicant came to know about the pending proceedings only on 14.02.2025 when the local police visited the house of the applicant. Charge-sheet has been submitted. No custodial interrogation is required. The order-sheet dated 07.03.2025 records that non-bailable warrant has been issued against the applicant. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5.
Having regard to the submissions made by learned counsel for
the applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that the applicant was not named in the first information report; the name of the applicant was disclosed by the informant after three years of the alleged incident on 17.09.1993; in the alleged incident the injuries sustained by the injured persons were found simple in nature; the applicant retired as an Associate Professor from the college on 30.06.2010; there are vague and general allegations against the applicant; and, at this stage there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant- Kamlakar Tiwari, involved in the aforesaid case crime, be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available on each and every date fixed in the matter by the court concerned; (ii) 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 from disclosing such facts to the Court; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court.
7. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
8. The application stands disposed of.
Order Date :- 16.4.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad