State of U.P v. Party

1. Heard learned counsel for the applicant and Sri Nagendra Kumar Mishra, learned Brief Holder for the State- opposite party. Perused the material available on record.

2. The applicant was granted interim anticipatory bail vide order dated

23.01.2025 passed by a co-ordinate Bench of this Court. The order is quoted herein below: "1. Connect with Criminal Misc.Anticipatory Bail Application u/s 438 Cr.P.C.No.8563 of 2024.

2. Heard learned counsel for the applicant; learned A.G.A for the State and perused the record.

2. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case Crime No.576 of 2008, under Sections 420, 467, 468, 471, 477A, 120-B I.P.C., P.S. Kotwali Nagar, District Muzaffarnagar during pendency of trial.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is not named in the FIR. FIR has been lodged in the year 2008, thereafter, Investigating Officer has submitted charge-sheet on 08.09.2023 against the applicant. Applicant had no role of installation of hand pump and co-accused Mohammad Rashid against whom charge-sheet has been submitted, has been granted interim anticipatory bail by coordinate Bench 2 ABAIL No. 543 of 2025 of this Court vide order dated 12.09.2024. In case, the applicant is released on bail, he would not misuse the liberty of bail and would co-operate with the investigation. Applicant has definite apprehension of his arrest by the police.

4. Learned A.G.A. is granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

5. List this case immediately after expiry of the aforesaid period.

6. As an interim protection, till the next date of listing fixed for hearing on this application, the applicant is granted anticipatory bail in the aforesaid case. The applicant shall be released on interim anticipatory bail on 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 the date fixed 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 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 and if he has passport, the same shall be deposited by him before the S.S.P./S.P./C.P./A.C.P concerned. (iv) The applicant shall not tamper with the evidence during the trial. (v) The applicant shall not pressurized/intimidate the prosecution witness. (vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted."

3. Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant surfaced during the course of investigation. The essential ingredients to constitute the alleged offences are not made out against the applicant. The applicant has not forged the letter head of any public representative. The forged letter head of the public representative cannot be described as a valuable security under Section 30 of 3 ABAIL No. 543 of 2025 the Indian Penal Code. Further, pursuant to the order dated 23.01.2025 passed by this Court the applicant had furnished bail bonds before the court concerned and is appearing on the dates fixed. The applicant has not violated any conditions nor has misused the liberty of interim anticipatory bail. The applicant has no criminal antecedents. In case the applicant is released on anticipatory bail till the conclusion of trial, he will not misuse the said liberty.

4. Learned Brief Holder for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

5. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that the applicant was not named in the first information report, his name surfaced during the course of investigation; the essential ingredients to constitute the alleged offences are not made out against the applicant; the forged letter head of the public representative cannot be described as a valuable security under Section 30 of the Indian Penal Code; the applicant is appearing before the concerned court on the dates fixed and no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned Brief Holder for the State, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

6. In the event of arrest, the applicant- Sohan Lal @ Sonu, involved in Case Crime No. 576 of 2008, under Sections 420, 467, 468, 471, 477A, 120-B I.P.C., Police Station Kotwali Nagar, District Muzaffarnagar, 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 and every 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 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 4 ABAIL No. 543 of 2025 the concerned court.

7. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

8. The application stands disposed of. September 12, 2025 SKT/- (Vivek Varma,J.) SHIVA KANT TIWARI High Court of Judicature at Allahabad

1. Heard learned counsel for the applicant and Sri Nagendra Kumar Mishra, learned Brief Holder for the State- opposite party. Perused the material available on record.

2. The applicant was granted interim anticipatory bail vide order dated

23.01.2025 passed by a co-ordinate Bench of this Court. The order is quoted herein below: "1. Connect with Criminal Misc.Anticipatory Bail Application u/s 438 Cr.P.C.No.8563 of 2024.

2. Heard learned counsel for the applicant; learned A.G.A for the State and perused the record.

2. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case Crime No.576 of 2008, under Sections 420, 467, 468, 471, 477A, 120-B I.P.C., P.S. Kotwali Nagar, District Muzaffarnagar during pendency of trial.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is not named in the FIR. FIR has been lodged in the year 2008, thereafter, Investigating Officer has submitted charge-sheet on 08.09.2023 against the applicant. Applicant had no role of installation of hand pump and co-accused Mohammad Rashid against whom charge-sheet has been submitted, has been granted interim anticipatory bail by coordinate Bench 2 ABAIL No. 543 of 2025 of this Court vide order dated 12.09.2024. In case, the applicant is released on bail, he would not misuse the liberty of bail and would co-operate with the investigation. Applicant has definite apprehension of his arrest by the police.

4. Learned A.G.A. is granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

5. List this case immediately after expiry of the aforesaid period.

6. As an interim protection, till the next date of listing fixed for hearing on this application, the applicant is granted anticipatory bail in the aforesaid case. The applicant shall be released on interim anticipatory bail on 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 the date fixed 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 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 and if he has passport, the same shall be deposited by him before the S.S.P./S.P./C.P./A.C.P concerned. (iv) The applicant shall not tamper with the evidence during the trial. (v) The applicant shall not pressurized/intimidate the prosecution witness. (vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted."

3. Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant surfaced during the course of investigation. The essential ingredients to constitute the alleged offences are not made out against the applicant. The applicant has not forged the letter head of any public representative. The forged letter head of the public representative cannot be described as a valuable security under Section 30 of 3 ABAIL No. 543 of 2025 the Indian Penal Code. Further, pursuant to the order dated 23.01.2025 passed by this Court the applicant had furnished bail bonds before the court concerned and is appearing on the dates fixed. The applicant has not violated any conditions nor has misused the liberty of interim anticipatory bail. The applicant has no criminal antecedents. In case the applicant is released on anticipatory bail till the conclusion of trial, he will not misuse the said liberty.

4. Learned Brief Holder for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

5. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that the applicant was not named in the first information report, his name surfaced during the course of investigation; the essential ingredients to constitute the alleged offences are not made out against the applicant; the forged letter head of the public representative cannot be described as a valuable security under Section 30 of the Indian Penal Code; the applicant is appearing before the concerned court on the dates fixed and no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned Brief Holder for the State, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

6. In the event of arrest, the applicant- Sohan Lal @ Sonu, involved in Case Crime No. 576 of 2008, under Sections 420, 467, 468, 471, 477A, 120-B I.P.C., Police Station Kotwali Nagar, District Muzaffarnagar, 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 and every 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 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 4 ABAIL No. 543 of 2025 the concerned court.

7. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

8. The application stands disposed of. September 12, 2025 SKT/- (Vivek Varma,J.) SHIVA KANT TIWARI High Court of Judicature at Allahabad