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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9707 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard Learned counsel for the applicant and Learned A.G.A. for the State as well as perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicant in Sessions Trial No.65 of 2017 (State versus Ram Singh Yadav) arising out of Case Crime No.171 of 2014 under Sections 436, 506 IPC, Police Station Charwa, District Kaushambi, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the abovementioned case. 3. Learned counsel for the applicant submits that the applicant has been falsely nominated in the FIR. The informant is the real brother of the co- accused Ram Singh. The dispute between brothers may have led to an incident in which the applicant has been falsely implicated. Learned counsel has further submitted that the applicant was exonerated during investigation and has been summoned to face trial by the Trial Court in exercise of powers under Section 319 Cr.P.C. vide order dated
11.03.2024. Learned counsel has further submitted that the applicant has a criminal history of one other case, being Case Crime No.264 of 2008, which was lodged by the wife of the informant and it is due to this previous enmity that the applicant has been nominated in the present case. In the previous case also, the applicant was exonerated during investigation and a final report was filed. The applicant claims not to have received any summons post filing of the said final report. Versus Counsel for Applicant(s) : Ram Tiwari Counsel for Opposite Party(s) : G.A. Triveni Prasad .....Applicant(s) State of U.P. .....Opposite Party(s)
4. Learned A.G.A. has opposed the prayer for bail but could not dispute the factual submissions made by the Learned counsel for the applicant. 5. I have considered the submissions made by the Learned counsels for the parties. 6. The applicant was exonerated during investigation. He has been summoned by the Trial Court in exercise of powers under Section 319 Cr.P.C. The previous criminal antecedent of the applicant has been duly explained and in the opinion of the Court, implication of the applicant on account of previous enmity cannot be ruled out. 7.
Taking into account the facts and circumstances of the case, I deem it appropriate to enlarge applicant on anticipatory bail. 8. In view of the above, the anticipatory bail application of the applicant is allowed. 9. The applicant - Triveni Prasad shall appear before the trial Court within four weeks from today and shall be released on bail on filing his personal bond and surety to the satisfaction of the Court concerned with the following conditions:- i. The applicant shall remain present before the trial Court on each date fixed unless exempted by the trial Court; 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 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; iv. The applicant shall not pressurize/intimidate the prosecution witness;
10. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. 11. It is made clear that observations made hereinabove are exclusively NABAIL No. 9707 of 2026 2
for deciding the instant anticipatory bail application and are not to be considered to be an opinion on the merits of the case. September 18, 2026 A. Pandey NABAIL No. 9707 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad