High Court · 2025

2. Heard counsel for the applicant and Sri Ram Chandra Solanki, counsel for the informant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State. Perused the material on record.

3. The applicant was granted interim anticipatory bail vide order dated 01.04.2025 by this Court. The order is quoted herein below;- "1. Case called out. No one appears on behalf of opposite party no.2.

2. Heard learned counsel for the applicant, and learned A.G.A. for the State. Perused the material available on record.

3. This application has been filed seeking anticipatory bail in Complaint Case No.273 of 2024, under Sections 395, 504, 506 I.P.C., Police Station Civil Line, District Etawah.

4. At the outset, counsel for the applicant submits that identically placed co- accused Vikas Bhadauriya and Nitendra Bhadauriya have been granted protection by this Court vide orders dated 24.02.2025 and 12.03.2025 in Criminal Misc. Anticipatory Bail Application No.364 of 2025 and Criminal Misc. Anticipatory Bail Application No.12070 of 2024 respectively. The applicant claims parity. The applicants has been summoned by the concerned court. The applicant has no criminal history. The applicant has apprehension of his arrest in the above mentioned case.

5. Matter requires consideration.

6. Learned AGA as well as counsel for the opposite party no.2 are granted three weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within one week thereafter.

7. List after four weeks.

8. Till the next date of listing, in the event of arrest of the applicant Lucky in aforesaid case, shall be released on interim 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 conditions:- (i) The applicant shall make himself available on each and every day 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 him from disclosing such facts to the Court. (iii) The applicant shall not leave India without the previous permission of the Court and if he has passports, the same shall be deposited by him before the concerned court.

9. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. " 4. Counsel for the applicant contends that the applicant had furnished bail bonds in terms of the interim order dated 01.04.2025 and he is appearing before the concerned court on the dates fixed. There are inconsistencies in the complaint and in the statement of the complainant under Section 200 Cr.P.C. with regard to the exact role of the applicant. The said inconsistencies discredit the prosecution case. It is next contended that earlier the father of the applicant, namely Falendra Singh (arrayed as accused in the complaint) lodged a first information report against the complainant under Sections 147, 323, 504, 506, 384 I.P.C., registered as Case Crime No.441 of 2022 at Police Station Civil Lines, District Etawah. In the said case after investigation, charge sheet has been submitted against the complainant. In counterblast to the said proceedings, the instant prosecution has been instituted. Identically placed co-accused Vikas Bhadauriya and Nitendra Bhadauriya have been granted anticipatory bail by this Court vide orders dated 19.05.2025 in Criminal Misc. Anticipatory Bail Application No.364 of 2025 and Criminal Misc. Anticipatory Bail Application No.12070 of 2024 respectively. The applicant claims parity. At this stage there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. In case, the applicant is granted anticipatory bail, till the conclusion of trial he will not misuse the said liberty.

5. Learned A.G.A. as well as counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

6. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that the applicant is appearing before the concerned court on the dates fixed; there are inconsistencies in the complaint and in the statement of the complainant under Section 200 Cr.P.C. with regard to the exact role of the applicant; it is not disputed that the father of the applicant, namely Falendra Singh (arrayed as accused in the complaint) lodged an F.I.R. against the complainant, identically placed co-accused Vikas Bhadauriya and Nitendra Bhadauriya have been granted anticipatory bail by this Court; at this stage there is no substantive evidence to link the applicant with the offence; no adverse material has been produced by learned A.G.A. and counsel for the informant against the applicant; without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

7. In the event of arrest, the applicant Lucky, involved in Complaint Case No.273 of 2024, under Sections-395, 504, 506 I.P.C., Police Station -Civil Line, District -Etawah, be released on anticipatory bail during pendency of trial, on furnishing a fresh 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 him from disclosing such facts to 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. Order Date :- 19.5.2025 Manish Kr MANISH KUMAR High Court of Judicature at Allahabad

2. Heard counsel for the applicant and Sri Ram Chandra Solanki, counsel for the informant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State. Perused the material on record.

3. The applicant was granted interim anticipatory bail vide order dated 01.04.2025 by this Court. The order is quoted herein below;- "1. Case called out. No one appears on behalf of opposite party no.2.

2. Heard learned counsel for the applicant, and learned A.G.A. for the State. Perused the material available on record.

3. This application has been filed seeking anticipatory bail in Complaint Case No.273 of 2024, under Sections 395, 504, 506 I.P.C., Police Station Civil Line, District Etawah.

4. At the outset, counsel for the applicant submits that identically placed co- accused Vikas Bhadauriya and Nitendra Bhadauriya have been granted protection by this Court vide orders dated 24.02.2025 and 12.03.2025 in Criminal Misc. Anticipatory Bail Application No.364 of 2025 and Criminal Misc. Anticipatory Bail Application No.12070 of 2024 respectively. The applicant claims parity. The applicants has been summoned by the concerned court. The applicant has no criminal history. The applicant has apprehension of his arrest in the above mentioned case.

5. Matter requires consideration.

6. Learned AGA as well as counsel for the opposite party no.2 are granted three weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within one week thereafter.

7. List after four weeks.

8. Till the next date of listing, in the event of arrest of the applicant Lucky in aforesaid case, shall be released on interim 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 conditions:- (i) The applicant shall make himself available on each and every day 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 him from disclosing such facts to the Court. (iii) The applicant shall not leave India without the previous permission of the Court and if he has passports, the same shall be deposited by him before the concerned court.

9. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. " 4. Counsel for the applicant contends that the applicant had furnished bail bonds in terms of the interim order dated 01.04.2025 and he is appearing before the concerned court on the dates fixed. There are inconsistencies in the complaint and in the statement of the complainant under Section 200 Cr.P.C. with regard to the exact role of the applicant. The said inconsistencies discredit the prosecution case. It is next contended that earlier the father of the applicant, namely Falendra Singh (arrayed as accused in the complaint) lodged a first information report against the complainant under Sections 147, 323, 504, 506, 384 I.P.C., registered as Case Crime No.441 of 2022 at Police Station Civil Lines, District Etawah. In the said case after investigation, charge sheet has been submitted against the complainant. In counterblast to the said proceedings, the instant prosecution has been instituted. Identically placed co-accused Vikas Bhadauriya and Nitendra Bhadauriya have been granted anticipatory bail by this Court vide orders dated 19.05.2025 in Criminal Misc. Anticipatory Bail Application No.364 of 2025 and Criminal Misc. Anticipatory Bail Application No.12070 of 2024 respectively. The applicant claims parity. At this stage there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. In case, the applicant is granted anticipatory bail, till the conclusion of trial he will not misuse the said liberty.

5. Learned A.G.A. as well as counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

6. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that the applicant is appearing before the concerned court on the dates fixed; there are inconsistencies in the complaint and in the statement of the complainant under Section 200 Cr.P.C. with regard to the exact role of the applicant; it is not disputed that the father of the applicant, namely Falendra Singh (arrayed as accused in the complaint) lodged an F.I.R. against the complainant, identically placed co-accused Vikas Bhadauriya and Nitendra Bhadauriya have been granted anticipatory bail by this Court; at this stage there is no substantive evidence to link the applicant with the offence; no adverse material has been produced by learned A.G.A. and counsel for the informant against the applicant; without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

7. In the event of arrest, the applicant Lucky, involved in Complaint Case No.273 of 2024, under Sections-395, 504, 506 I.P.C., Police Station -Civil Line, District -Etawah, be released on anticipatory bail during pendency of trial, on furnishing a fresh 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 him from disclosing such facts to 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. Order Date :- 19.5.2025 Manish Kr MANISH KUMAR High Court of Judicature at Allahabad