Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 84719 (ALL)

PRAKASH RAM ALIAS OMPRAKASH v. STATE OF U.P.

NABAIL/6434/2025 · 2025-08-18

Vivek Varma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:141389 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6434 of 2025 Applicant :- Prakash Ram Alias Omprakash Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 386 of 2023, under Sections 419, 420, 120-B I.P.C., Police Station Mughalsarai, District- Chandauli, during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The sale deed dated 29.9.2022 was executed by co-accused Har Bharan in favour of the mother of the applicant. The applicant has no concern with the execution of the alleged sale deed. The essential ingredients to constitute the alleged offences are not made out. At this stage there is no credible evidence to link the applicant with the offence. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned Court. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. 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. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant, and the fact that the essential ingredients to constitute the alleged offences are not made out and at this stage there is no substantive evidence to link the applicant with the offence; investigation has been completed; charge sheet has been filed; the applicant had cooperated in the investigation; the applicant has been summoned by the concerned court, no custodial interrogation is required; without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail. 6. In the event of arrest, the applicant Prakash Ram Alias Omprakash, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a 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 applicant shall make himself available on each date fixed in the matter by the court concerned; (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; (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 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 :- 19.8.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad