Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:134878 Court No. - 82 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3759 of 2024 Applicant :- Nand Lal Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- M.S. Chauhan Counsel for Opposite Party :- G.A. With Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3765 of 2024 Applicant :- Shiv Dayal Ram Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- M.S. Chauhan Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. As, both the anticipatory bail applications are connected with bunch matters relates to Application U/S 482 Cr.P.C., therefore, these applications are disconnected with connected matters and are being heard. 2. Sri Manav Chaurasia, learned AGA for the State apprised the Court that he has received the instructions, therefore, instant anticipatory bail application may be finally disposed off. 3. Heard Sri M.S. Chauhan, learned counsel for the applicants and Sri Manav Chaurasia, learned AGA for the State. 4. The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No. 57B of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B, 34 IPC and 13(2) P.C. Act, Police Station Nagra, District Reoti, with a prayer to enlarge him on anticipatory bail. 5. Learned counsel for applicants submits, on the basis of false allegation applicants have been made accused in the present matter along with several others and number of co-accused persons have
been released on anticipatory bail including co-accused Kaushal Kumar Ojha, who has been granted anticipatory bail by the co- ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 6751 of 2024 vide order dated 27.08.2024 and case of applicants is at par with him. 6. Learned counsel has further stated that applicants have no criminal antecedents. Since the case of the applicants is at par with the co-accused, who has already been granted anticipatory bail, the applicants are also entitled for the same on the ground of parity. 7. Per contra, learned AGA opposed the prayer for anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9.
Considering the argument advanced by learned counsel for applicants and the fact that similarly placed co-accused Kaushal Kumar Ojha has already been released on anticipatory bail by this Court and applicants are not having any criminal history, in my view, applicants are also entitled to be released on anticipatory bail till conclusion of trial. 10. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 11. In the event of arrest of the applicants- Nand Lal and Shiv Dayal Ram involved in the aforesaid case crime number, shall be released on bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions:- i. that the applicants 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; ii. that the applicants shall not leave India without previous permission of the court; iii. that the applicants shall not tamper with the evidence during the trial; iv. that the applicant shall not pressurize/ intimidate the prosecution witness; v. that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
12. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicants. 13. It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 8.8.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad