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2025 DAILYLAW 88105 (ALL)

CONST. 862, PRAMOD KUMAR v. STATE OF U.P.

NABAIL/6943/2025 · 2025-09-22

Vivek Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6943 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Supplementary affidavit filed by the counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 3. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case No. 1675 of 2010 (State Vs. Pramod Kumar), arising out of Case Crime No. 2888 of 2009, under Sections 419, 420, 468, 471 IPC, Police Station Kotwali, District Mainpuri. 4. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The applicant has not forged or manipulated any mark-sheet. The applicant had obtained appointment as constable on the basis of mark-sheet issued to him. The said mark-sheet had duly verified at the time of appointment of the applicant. Investigation has been completed. Charge sheet has been submitted. The applicant had co-operated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is Versus Counsel for Applicant(s) : Sanjay Mishra Counsel for Opposite Party(s) : G.A. Const. 862, Pramod Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) required. The applicant has no criminal antecedents. Further, during the course of investigation, the applicant was granted protection till submission of police report vide order dated 30.10.2009 passed in Criminal Misc. Writ Petition No. 22206 of 2009. The applicant came to know about the pending proceedings only in the month of June, 2025. No proclamation under Section 82 Cr.P.C. has been issued against him. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail till conclusion of trial, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant, in particular the fact, that at this stage, there is no substantive evidence to link the applicant with the offence, during the course of investigation, the applicant was granted protection till submission of police report; charge sheet has been submitted, the applicant had co-operated in the investigation, 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. 7. In the event of arrest, the applicant Const. 862, Pramod Kumar, 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 NABAIL No. 6943 of 2025 2 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. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. September 23, 2025 Lbm/- NABAIL No. 6943 of 2025 3 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad