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2025 DAILYLAW 6894 (ALL)

LAKHPAT SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER

NABAIL/794/2025 · 2025-02-13

Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21875 Court No. - 39 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 794 of 2025 Applicant :- Lakhpat Singh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Surendra Mohan Mishra Counsel for Opposite Party :- G.A. Hon'ble Siddhartha Varma,J. 1. Heard Sri Vishveshwar Mani Tripathi, Advocate holding brief of Sri Shyam Mohan Mishra, learned counsel for the applicants and learned Additional Government Advocate for the State and perused the records. 2. The applicants are seeking anticipatory bail in connection with Case Crime No.43 of 2021, under Sections 419, 420, 467, 468, 471 and 120-B IPC, Police Station- Bansi, District- Siddharth Nagar. 3. It is the contention of the learned counsel for the applicants that dispute which had resulted in the lodging of the impugned First Information Report was of totally civil nature and only to implicate the applicant, the First Information Report was lodged. Learned counsel further states that till the submission of the police report under section 173(2) Cr.P.C., the applicants were granted anticipatory bail and that they had never misused the liberty of bail during the investigation. Learned counsel also submits that the applicants have no criminal history. Learned counsel for the applicants has, therefore, prayed that the applicants be granted anticipatory bail till the completion of the trial. 4. Learned Additional Government Advocate has opposed the prayer for anticipatory bail but could not deny the fact that the applicants have no criminal history and that they have never misused the liberty of bail during investigation. 5. Considering the overall facts and circumstances of the case, this Court is of the opinion that the applicants deserve to be granted anticipatory bail in connection with the aforesaid case. 6. Accordingly, the anticipatory bail application is disposed of with following directions:- (A). In the event of arrest, the applicants involved in the aforesaid case, shall be released on anticipatory bail till the conclusion of the trial on their furnishing a personal bond of Rs.50,000/- with two sureties each of the like amount to the satisfaction of the Court concerned; (B). The applicants shall participate in the trial and shall be present on each date as and when required; (C). 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 them from disclosing such facts to the Court or to any police officer; and (D). The applicants shall not leave India without the previous permission of the Court. 7. In default or misuse of any of the conditions, the Public Prosecutor/Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants. 8. A copy of this order, duly certified by the learned counsel, may be made available to the applicants. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. Order Date :- 14.2.2025 GS (Siddhartha Varma, J.) Digitally signed by :- GAUTAM SONI High Court of Judicature at Allahabad