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Neutral Citation No. - 2025:AHC:132791 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6046 of 2025 Applicant :- Praveen Kumar Gautam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anchal Kumar Rao,Vipul Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State- opposite party, and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 39 of 2020, under Sections 417, 419, 420, 423, 467, 468, 471 I.P.C., Police Station Rajghat, District Gorakhpur. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. Without any enquiry or affording any opportunity of hearing, the service of the applicant has been terminated. The certificates submitted by the applicant are genuine and after proper verification he was appointed as Assistant Teacher. It is next contended that identically placed co-accused Prachi Mishra, Smt. Vandana Singh, Manju Devi, Umakant Mani Tripathi, Jai Prakash Mishra and Manoj Kumar have been granted anticipatory bail, till submission of police report, by this Court vide orders dated 19.03.2024, 24.05.2021, 01.06.2020, 06.07.2020 and 10.07.2025 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. Nos. 1874 of 2024, 7563 of 2021, 2691 of 2020, 3106 of 2020 and 5038 of 2025 respectively. At this stage there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. It is next submitted that the investigation is pending for the last five years and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned 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 learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that at this stage there is no substantive evidence to link the applicant with the offence, and identically placed co-accused Prachi Mishra, Smt. Vandana Singh, Manju Devi, Umakant Mani Tripathi, Jai Prakash Mishra and Manoj Kumar have been granted anticipatory bail by this Court, 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- Praveen Kumar Gautam 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, 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 :- 6.8.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad