State of U.P. and Another v. Party

1. Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State. Perused the material on record.

2. The applicant was granted interim anticipatory bail vide order dated 5.3.2025 passed by the co-ordinate Bench of this Court. The order is quoted herein below;- "1. Heard Sri Santosh Kumar Shukla, 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 an anticipatory bail to the applicant in Case Crime No. 185/2024 (Case No. 230/2024), under Sections 109, 121(1), 352, 351(2), 132, 228 BNS, 2023 and 3 Prevention of Damages to Public Property Act, 1984, Police Station- Kuthond, District- Jalaun, during the pendency of case.

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. He next submitted that instant anticipatory bail application has been filed after submission of charge- sheet and issuance of summons. It is a no injury case. Applicant earlier challenged the first information report before this Court by filing Criminal Misc. Writ Petition No. 15096 of 2024 and the Division Bench of this Court vide order dated 29.08.2024 granted interim protection in favour of the applicant. Applicant has no criminal history to his credit. In case, applicant is granted anticipatory 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 AGA has vehemently opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out.

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

6. List this case after six weeks.

7. 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 crime number. 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:- 2 NABAIL No. 1592 of 2025 (i) The applicant shall make himself available on the dates 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 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 pressurize/intimidate the prosecution witness; (vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted." the same shall be deposited before if applicant has passport,

3. Counsel for the applicant contends that the applicant was not named in the first information report. The name of the applicant was disclosed by the independent witnesses Prem Kant and Prashant. The said statements, insofar as they implicate the applicant, are unreliable. The applicant has no concern with the alleged incident. Pursuant to interim order dated 5.3.2025, the applicant had furnished bail bonds before the court concerned and is appearing before the court on the dates fixed. The applicant has not violated any conditions or misused the liberty of interim anticipatory bail. 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.

4. Learned A.G.A. has 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; the name of the applicant was disclosed by the independent witnesses Prem Kant and Prashant; pursuant to the interim order dated 5.3.2025 the applicant is appearing before the concerned court on the dates fixed. Further, no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned AGA, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail.

6. In the event of arrest, the applicant Alok, involved in Case Crime No. 185/2024 (Case No. 230/2024), under Sections 109, 121(1), 352, 351(2), 132, 228 BNS, 2023 and 3 Prevention of Damages to Public Property Act, 1984, Police Station- Kuthond, District- Jalaun, 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; 3 NABAIL No. 1592 of 2025 (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 the concerned court.

7. 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 19, 2025 Manish Kr (Vivek Varma,J.) MANISH KUMAR High Court of Judicature at Allahabad

1. Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State. Perused the material on record.

2. The applicant was granted interim anticipatory bail vide order dated 5.3.2025 passed by the co-ordinate Bench of this Court. The order is quoted herein below;- "1. Heard Sri Santosh Kumar Shukla, 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 an anticipatory bail to the applicant in Case Crime No. 185/2024 (Case No. 230/2024), under Sections 109, 121(1), 352, 351(2), 132, 228 BNS, 2023 and 3 Prevention of Damages to Public Property Act, 1984, Police Station- Kuthond, District- Jalaun, during the pendency of case.

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. He next submitted that instant anticipatory bail application has been filed after submission of charge- sheet and issuance of summons. It is a no injury case. Applicant earlier challenged the first information report before this Court by filing Criminal Misc. Writ Petition No. 15096 of 2024 and the Division Bench of this Court vide order dated 29.08.2024 granted interim protection in favour of the applicant. Applicant has no criminal history to his credit. In case, applicant is granted anticipatory 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 AGA has vehemently opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out.

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

6. List this case after six weeks.

7. 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 crime number. 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:- 2 NABAIL No. 1592 of 2025 (i) The applicant shall make himself available on the dates 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 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 pressurize/intimidate the prosecution witness; (vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted." the same shall be deposited before if applicant has passport,

3. Counsel for the applicant contends that the applicant was not named in the first information report. The name of the applicant was disclosed by the independent witnesses Prem Kant and Prashant. The said statements, insofar as they implicate the applicant, are unreliable. The applicant has no concern with the alleged incident. Pursuant to interim order dated 5.3.2025, the applicant had furnished bail bonds before the court concerned and is appearing before the court on the dates fixed. The applicant has not violated any conditions or misused the liberty of interim anticipatory bail. 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.

4. Learned A.G.A. has 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; the name of the applicant was disclosed by the independent witnesses Prem Kant and Prashant; pursuant to the interim order dated 5.3.2025 the applicant is appearing before the concerned court on the dates fixed. Further, no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned AGA, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail.

6. In the event of arrest, the applicant Alok, involved in Case Crime No. 185/2024 (Case No. 230/2024), under Sections 109, 121(1), 352, 351(2), 132, 228 BNS, 2023 and 3 Prevention of Damages to Public Property Act, 1984, Police Station- Kuthond, District- Jalaun, 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; 3 NABAIL No. 1592 of 2025 (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 the concerned court.

7. 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 19, 2025 Manish Kr (Vivek Varma,J.) MANISH KUMAR High Court of Judicature at Allahabad