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2025 DAILYLAW 78016 (ALL)

PRAKHAR KUMAR DWIVEDI @ PRAKHAR KUMAR TRIVEDI v. STATE OF U.P.

NABAIL/5880/2025 · 2025-08-06

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133672 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5880 of 2025 Applicant :- Prakhar Kumar Dwivedi @ Prakhar Kumar Trivedi Opposite Party :- State of U.P. Counsel for Applicant :- Praveen Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. In re: Criminal Misc. Amendment Application No. 1 of 2025 Heard learned counsel for the applicant and learned A.G.A. The amendment application is allowed. Learned counsel for the applicant shall carry out necessary amendment during the course of the day. Office shall make necessary correction in the computer database. In re: Anticipatory Bail Application 1. Heard counsel for the applicant and Sri Dinesh Tiwari, learned A.G.A. for the State, and perused the material placed on record. 2. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 184 of 2024, under Sections 420, 467, 468, 471, 447, 147, 120B of I.P.C., Police Station Bilhaur, District Kanpur Nagar. 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 present case. The name of the applicant was subsequently disclosed in the statement of the informant under Section 161 Cr.P.C. It is contended that the said statement is an afterthought and the same discredits the prosecution case. The dispute is purely civil in nature. At this stage, there is no credible evidence to link the applicant with the offence. Further, the named co-accused Arun Kumar has been granted anticipatory bail till submission of police report by this Court vide order dated 01.07.2025 passed in Criminal Misc. Anticipatory Bail Application No. 5122 of 2025 (Arun Kumar vs. State of U.P.). The case of the applicant is on better footing than that of co-accused- Arun Kumar. The applicant has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case the applicant is granted anticipatory bail, he 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. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that the applicant was not named in the first information report; the dispute is purely civil in nature; the named co-accused Arun Kumar has been granted anticipatory bail till submission of Police report; at this stage, there is no substantive evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant- Prakhar Kumar Dwivedi @ Prakhar Kumar Trivedi be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173(2) Cr.P.C., on 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 with 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 from disclosing such facts to the Court or to any police officer; (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 S.S.P./S.P. concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11. The application stands disposed of. Order Date :- 7.8.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad