Santosh Kumar Rajbhar @ Santosh Kumar @ Santosh v. State Of U.P. Thru. Addl. Chief Secy. Home Deptt

Heard learned counsel for the applicant and learned A.G.A. for the State.

The instant anticipatory bail application has been filed by the applicant with a prayer to enlarge him on anticipatory bail in Case Crime No. 377 of 2022 under Sections 419, 420, 467, 468, 471, 120-B, 506 IPC, Police Station- Akbarpur, District- Ambedkar Nagar.

Learned counsel for the applicant submits that the applicant is an innocent person who has falsely been implicated in the present case. He further submits that co-accused - Mohd. Hashim Alias Parvez, having identical role, has already been granted bail by this Court vide order dated 07.07.2023 passed in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 1520 of 2023. In these circumstances, the applicant is also entitled for anticipatory bail. In case of being granted anticipatory bail, he will not misuse the liberty of anticipatory bail.

Learned A.G.A. has opposed the prayer of the applicant for grant of bail, but he conceded the fact that co-accused - Mohd. Hashim Alias Parvez has already been granted anticipatory bail by this Court.

Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents, bail order of the co-accused - Mohd. Hashim Alias Parvez, ground of parity as well as totality of fact and circumstances, I am of the view that the applicant is entitled anticipatory bail. In case the applicant is taken into custody by Investigating Officer/Investigating Agency, he shall be released forthwith on anticipatory bail after taking personal bond of Rs. 25,000/- and two sureties each in the like amount with the following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (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 or tamper with the evidence. (iii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

With above directions, the anticipatory bail application is allowed. Order Date :- 19.6.2025 J. K. Dinkar