High Court · 2025

2. Heard learned counsel for the applicants as well as learned AGA and perused the material available on record.

3. It is submitted by learned counsel for the applicants that the applicants were granted anticipatory bail by this Court by order dated 2.9.2024 in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No.7694 of 2024. Thereafter, charge sheet has been submitted and summoning order has been issued on 16.1.2024. This Court while passing the order dated 2.9.2024 has recorded a specific finding that at the best offence under Section 325 I.P.C. would be made out against the applicant, which is a bailable in nature. The aforesaid order has not been interfered by any higher Court of law. No evidence has been shown by learned A.G.A. to have surfaced in the investigation. It is further submitted by learned counsel for applicants that applicants are innocent and have no concern with the present matter. Allegations levelled against the applicants are false. No prima facie case is made out against the applicants. If the applicants are enlarged on anticipatory bail, they will not misuse the liberty and cooperate with the investigation. The applicants have apprehension of their arrest by the police any time.

4. Learned counsel for the informant submits that the applicant has been pressurizing for compromise the matter and in this respect, relevant averments have been made in paragraph 4 of the affidavit, which the learned counsel for the applicant denies. However, the informant has not filed any complaint before the court concerned in this respect and as such at this stage, the same cannot be accepted. 4A. Learned A.G.A. opposed the prayer but does not dispute the factual matrix.

5. It is not shown by learned AGA that the offence in question will have impact on society at large. It is not shown that act causes harm to the society. The accusations arise out of dispute between individuals. It is not shown by learned AGA that the nature and gravity of allegations are such that the same would disentitle the applicants for relief of anticipatory bail. Learned AGA has not raised concern that any prejudice would be caused to free, fair and full investigation in the event the applicants are granted anticipatory bail. No material, facts, circumstances or concern been shown by learned AGA for the State that the accused may tamper with the evidence or witnesses or accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence.

6. Learned Counsel for opposite parties has not placed any criminal antecedents of the applicant. The applicant has no criminal history. 7. It is settled principle of law that the object of bail is to secure the attendance of the accused. No material particulars or circumstances suggestive of the applicants fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State.

8. In view of the above, the applicants are granted anticipatory bail in respect of offence described in para 1 of the present order. In the event of arrest of the applicants, they shall be released on anticipatory bail on their furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall make themselves available for interrogation by a police office as and when required. (ii) The applicants 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 themselves from disclosing such facts to the Court or to any police office. (iii) The applicants shall not leave India without the previous permission of the Court concerned. (iv) In the event, applicants change residential address, the applicants shall inform the court concerned/Investigating Officer about new residential address in writing. (v) The applicants shall cooperate with the investigation and make themselves available for interrogation whenever required. (vi) The applicants shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police. (vii) The applicants shall maintain law and order. (viii) The applicants shall at the time of execution of the bond, furnish their address and mobile number to investigating officer, and the court concerned. (ix) The applicants shall regularly remain present during the trial, and cooperate with the Court to complete the trial for the above offences. (x) Non presence of the applicants or their counsel before the court concerned shall be construed as violation of the present order and the court concerned would be at liberty to take coercive measures in accordance with law.

9. In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of protection granted to the applicants.

10. The trial court is directed to conclude the trial of the aforesaid case within a period of one year from the date of production of a certified copy of this order without granting unnecessary to any of the party. The prosecution shall produce the prosecution witnesses on the date fixed. In the event, the prosecution witnesses shall not be produced, the Superintendent of Police concerned shall be summoned and explanation would be called. The prosecution witnesses would be at liberty to appear through Video Conference before the court concerned for evidence.

11. With the directions made above, the anticipatory bail application stands allowed. Order Date :- 8.7.2025 Bhaskar BHASKAR High Court of Judicature at Allahabad

2. Heard learned counsel for the applicants as well as learned AGA and perused the material available on record.

3. It is submitted by learned counsel for the applicants that the applicants were granted anticipatory bail by this Court by order dated 2.9.2024 in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No.7694 of 2024. Thereafter, charge sheet has been submitted and summoning order has been issued on 16.1.2024. This Court while passing the order dated 2.9.2024 has recorded a specific finding that at the best offence under Section 325 I.P.C. would be made out against the applicant, which is a bailable in nature. The aforesaid order has not been interfered by any higher Court of law. No evidence has been shown by learned A.G.A. to have surfaced in the investigation. It is further submitted by learned counsel for applicants that applicants are innocent and have no concern with the present matter. Allegations levelled against the applicants are false. No prima facie case is made out against the applicants. If the applicants are enlarged on anticipatory bail, they will not misuse the liberty and cooperate with the investigation. The applicants have apprehension of their arrest by the police any time.

4. Learned counsel for the informant submits that the applicant has been pressurizing for compromise the matter and in this respect, relevant averments have been made in paragraph 4 of the affidavit, which the learned counsel for the applicant denies. However, the informant has not filed any complaint before the court concerned in this respect and as such at this stage, the same cannot be accepted. 4A. Learned A.G.A. opposed the prayer but does not dispute the factual matrix.

5. It is not shown by learned AGA that the offence in question will have impact on society at large. It is not shown that act causes harm to the society. The accusations arise out of dispute between individuals. It is not shown by learned AGA that the nature and gravity of allegations are such that the same would disentitle the applicants for relief of anticipatory bail. Learned AGA has not raised concern that any prejudice would be caused to free, fair and full investigation in the event the applicants are granted anticipatory bail. No material, facts, circumstances or concern been shown by learned AGA for the State that the accused may tamper with the evidence or witnesses or accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence.

6. Learned Counsel for opposite parties has not placed any criminal antecedents of the applicant. The applicant has no criminal history. 7. It is settled principle of law that the object of bail is to secure the attendance of the accused. No material particulars or circumstances suggestive of the applicants fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State.

8. In view of the above, the applicants are granted anticipatory bail in respect of offence described in para 1 of the present order. In the event of arrest of the applicants, they shall be released on anticipatory bail on their furnishing a personal bond of Rs.25,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall make themselves available for interrogation by a police office as and when required. (ii) The applicants 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 themselves from disclosing such facts to the Court or to any police office. (iii) The applicants shall not leave India without the previous permission of the Court concerned. (iv) In the event, applicants change residential address, the applicants shall inform the court concerned/Investigating Officer about new residential address in writing. (v) The applicants shall cooperate with the investigation and make themselves available for interrogation whenever required. (vi) The applicants shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police. (vii) The applicants shall maintain law and order. (viii) The applicants shall at the time of execution of the bond, furnish their address and mobile number to investigating officer, and the court concerned. (ix) The applicants shall regularly remain present during the trial, and cooperate with the Court to complete the trial for the above offences. (x) Non presence of the applicants or their counsel before the court concerned shall be construed as violation of the present order and the court concerned would be at liberty to take coercive measures in accordance with law.

9. In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of protection granted to the applicants.

10. The trial court is directed to conclude the trial of the aforesaid case within a period of one year from the date of production of a certified copy of this order without granting unnecessary to any of the party. The prosecution shall produce the prosecution witnesses on the date fixed. In the event, the prosecution witnesses shall not be produced, the Superintendent of Police concerned shall be summoned and explanation would be called. The prosecution witnesses would be at liberty to appear through Video Conference before the court concerned for evidence.

11. With the directions made above, the anticipatory bail application stands allowed. Order Date :- 8.7.2025 Bhaskar BHASKAR High Court of Judicature at Allahabad