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Neutral Citation No. - 2025:AHC:103606 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3985 of 2025 Applicant :- Ramprakash Ahirwar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. This anticipatory bail application (under section 482 BNSS) has been moved seeking bail in Case Crime No. 80 of 2025, under sections 193, 420, 120-B IPC, Police Station Nawabad, District- Jhansi during the pendency of investigation. 3. Learned counsel for the applicant submits that applicant has lost his son in an accident in which FIR was lodged and matter was investigated and during the course of investigation the Investigating Officer prima facie satisfied that the offence has been made out thus submitted the chargesheet against the accused persons. He next submits that since the applicant's son died in an accident and as such, the applicant filed a claim petition MACP before the Tribunal being MACP No. 446 of 2017(Sri Ramprakash Ahirwar Versus Vinod Puri). He further submits that during pendency of aforesaid claim petition insurance company filed an application being 33C/2 stating therein that the matter may be referred to the SIT for investigation which application was allowed vide order dated 16.09.2025 and thereafter the FIR has been lodged against the applicant. He further submits that the applicant has been implicated in the present case due to ulterior motive. It has been further argued by the learned counsel for the applicant
that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has further been submitted that no coercive process has been issued against the applicant so far. It was also submitted that applicant undertakes to co-operate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 4. Learned A.G.A.has opposed the application for anticipatory bail. 5.
It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 6. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending
facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out.
7. The anticipatory bail application is allowed.
8. In the event of arrest of the applicant- Ramprakash Ahirwar,
involved in the aforesaid case crime shall be released on anticipatory bail till submission of police report on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned the following conditions :- (i) the applicant shall make himself available for interrogation by a police officer as and when required; (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 him/her/them from disclosing such facts to the Court or to any police officer; (iii) the applicant would co-operate during investigation and would not misuse the liberty of bail.
9. In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 3.7.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad