Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 99737 (ALL)

NAVEEN GOND v. STATE OF U.P. AND ANOTHER

NABAIL/7795/2025 · 2025-10-12

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7795 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Ravi Kant Singh, learned counsel for the applicant and Sri Chandra Shekhar Saran, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime No. 0188 of 2025, under Sections 120B, 420, 409 IPC, Police Station Madhuban, District Mau with the prayer that in the event of arrest, applicant may be released on bail. 3. It is contended by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above- mentioned case. He further submits that no offence is made out against the applicant. It is further submitted that present FIR has been filed after a delay of ten years. It is also submitted that as per allegation in the FIR the applicant is said to have obtained Rs. 70,000/- under the Indira Awas Yojna though he was not eligible as he was not married and he is living with his mother after separated from his father. It is submitted that the applicant was eligible under the Indira Awas Yojna as he belongs to SC community and his income is below the poverty line and he is living in the rural area along with his mother in a thatched house. It is submitted that co-accused Pramod Maurya has already been granted anticipatory bail by this Court vide order dated 8.10.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 7674 of 2025. It is submitted that the applicant is having no criminal history. It was also Versus Counsel for Applicant(s) : Ravi Kant Singh Counsel for Opposite Party(s) : G.A. Naveen Gond .....Applicant(s) State of U.P. and Another .....Opposite Party(s) submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail, however, he does not dispute the factual aspect. 5. I have considered the rival submissions made by learned counsel for the parties. 6. The applicant belongs to SC community and his income is said to be below the poverty line and he is said to be living with his mother in a thatched house after separated from his father. Present criminal prosecution has been lodged after a delay of ten years. The applicant is having no criminal history. 7. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 8. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 9. The anticipatory bail application is allowed. 10. In the event of arrest of the applicant- Naveen Gond involved in the aforesaid case crime, he shall be released on anticipatory bail on his 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 NABAIL No. 7795 of 2025 2 conditions :- (i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted 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 him/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would cooperate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 11. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant herein. October 13, 2025 Abhishek NABAIL No. 7795 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad