Devendr Kumar State Of U.P. Thru. Prin. Secy. Home Deptt. Lko & Ors. v. State (NCT of Delhi) & Anr.

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

The present bail application has been filed by the applicant apprehending his arrest in Case Crime No. 36/2016-17 under Sections 33, 41, 42 The Indian Forest Act, Range- South Nighasan, District Lakhimpur Kheri.

Learned counsel for the applicant submits that earlier an F.I.R No. 0535 of 2016 dated 29.12.2016, under Sections 353, 427, 506 I.P.C and Section 3 of the Prevention of Damages to Public Property Act, 1984, P.S Nighasan, District Kheri, was registered, but due of lack of material evidence, the State has filed an application under Section 321 Cr.P.C in the year 2021, before the competent court, which is on record. That application is still pending before the Court of Additional Chief Judicial Magistrate, Court No. 1, Lakhimpur Kheri, which is on record, annexed as Annexure No. 5 to the bail application. He submits that after registering the F.I.R, the same complainant, on the same set of facts, filed a complaint, which is on record, annexed as Annexure no. 4 to the bail application. Now, in that complaint case, non-bailable warrants have been issued against the applicant. He submits that the complaint case is nothing but an abuse of process of law.

It is also submitted that the applicant has cooperated during the course of investigation and further undertakes to cooperate in the investigation.

Learned A.G.A. has opposed the application and has submitted that the investigation is going on.

On due consideration of the facts as well as the F.I.R, it is apparent that the complaint case prima facie shows that the on the same set of facts, the same 2 ABAIL No. 1291 of 2025 complainant, after lodging the F.I.R, has also filed a complaint case.

In view of the above, so also considering the pending application filed by the State under Section 321 Cr.P.C, this Court is of the considered opinion that the applicant is entitled to be granted anticipatory bail in light of the judgment of the Hon'ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his continued cooperation in the investigation.

In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid case on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:-

The applicant shall report to the investigating officer within ten days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) investigation/interrogation. The applicant shall not leave India without previous permission of the Court. November 18, 2025 DiVYa (Karunesh Singh Pawar,J.)