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Neutral Citation No. - 2025:AHC:119116 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4888 of 2025 Applicant :- Dharmpal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Dur Vijay Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicants, Sri V.P. Tripathi, learned A.G.A. for the State and perused the record. 2. The applicants were granted interim anticipatory bail vide order dated 30.06.2025 passed by the co-ordinate Bench of this Court. The order is quoted herein below;-
"1. Heard learned counsel for the applicants as well as learned AGA and perused the material available on record. 2. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicants - Dharmpal and Dhara Singh in Case Crime No.424 of 2010, under Sections 147, 148, 149, 332, 353, 336, 152, 186, 189, 171cha, 171ga, 427 I.P.C., Sections 130, 135, 136 Lok Pratinidhi Act, Section 2/3 Lok Sampatti Niwaran Act and Section 7 Criminal Law Amendment Act, Police Station - Puramufti, District - Kaushambi. 3. It is submitted by learned counsel for the applicants that no summons were served on the applicants, however, non bailable warrant has been issued against applicants. It is further submitted by learned counsel for applicants that applicants are innocent and have no concern with the present matter. Allegations levelled against the applicants are false. It is further argued that applicants' case is squarely covered under Section 482 BNSS. No prima facie case is made out against the applicants. If the applicants are enlarged on anticipatory bail, they will not misuse the liberty and cooperate with the investigation. The applicants have apprehension of their arrest by the police any time. 4. Learned A.G.A. is directed to obtain instructions as to the date when summons were served on applicants. 5. List this case on 22.7.2025 as fresh. 6. As an interim protection, till the next date fixed for final hearing on this application, the applicants are granted interim anticipatory bail in the aforesaid case crime number.
In the event of arrest of the applicants, they shall be released on anticipatory bail on their furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the
court concerned with the following conditions:- (i) The applicants shall make themselves available for interrogation by a police office as and when required. (ii) 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/her from disclosing such facts to the Court or to any police office. (iii) The applicants shall not leave India without the previous permission of the Court concerned. (iv) In the event, the applicant changes residential address, the applicant shall inform the court concerned/Investigating Officer about new residential address in writing. 7. In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of interim protection granted to the applicants."
3. Counsel for the applicants submits that the pursuant to the interim order dated 30.06.2025, the applicants appeared before the court concerned on 09.07.2025 and furnished the bail bonds. It is next contended that the applicants were not named in the first information report and have been falsely implicated in the present case. As per the first information report four named and 200-250 unknown persons are nominated. The name of the applicants surfaced during the course of investigation. A vague and general role has been assigned to the applicants. Investigation has been completed. Charge-sheet has been filed. The applicants had cooperated in the investigation. No custodial interrogation is required. The applicants have no criminal antecedents. In case, the applicants are granted anticipatory bail, they will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5.
Having regard to the submissions made, considering the nature of accusations, antecedents of the applicants and the fact that the applicants were not named in the first information report, the name of the applicants surfaced during the course of investigation, a vague and general role has been assigned to the applicants, the applicant is appearing before the concerned court on the dates fixed. Further, no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned AGA and
counsel for the informant, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicants- Dharmpal and Dhara Singh, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a fresh 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 applicants shall make themselves available on each date fixed in the matter by the court concerned; (ii) 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 from disclosing such facts to the Court; (iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the concerned court.
7. 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 :- 22.7.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad