State of U.P. and Another v. Party

1. Copy of the statement of the co-accused Ashok produced by Sri Neeraj Kumar Sharma, learned A.G.A. for the State is taken on record.

2. Heard counsel for the applicant and learned AGA for the opposite parties. Perused the material on record.

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

07.11.2024 passed by the co-ordinate Bench of this Court. The order is quoted herein below;- "1. 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.109 of 2024, under Sections 191(2), 191(3), 109(1), 190, 352 B.N.S. and Section 7 Criminal Law (Amendment ) Act, P.S. Kaila Devi, District Sambhal. 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 F.I.R. Police are in haste to arrest the applicant. Applicant has one case of criminal history, which has been explained in Para-18 of the affidavit. 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 AGA has accepted notice on behalf of opposite party no.1. 5. Issue notice to opposite party no.2 returnable at an early date. 6. Learned A.G.A. is granted three weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within one week thereafter. 7. List this case immediately after expiry of the aforesaid period. 8. As an interim protection, till the next date of listing, the applicant is granted anticipatory bail in the aforesaid case crime number. In the event of arrest, 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 Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by the police officer as and when required; (ii) The applicant shall not directly or indirectly, make any inducement, threat or 2 NABAIL No. 10819 of 2024 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 they have passport, the same shall be deposited by them 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. 9. Investigating Officer/Govt. In default of any of Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant." the conditions,

4. Counsel for the applicant contends 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 was disclosed by co-accused Ashok in police custody. The said statement, insofar as it implicates the applicant, is unreliable. As per the first information report, two groups were firing at each other. In the alleged incident no person has received any injury. No medical report is available in the case diary. Pursuant to the interim order dated

07.11.2024 the applicant had furnished bail bonds before the S.H.O. concerned and had joined the investigation. Investigation has been completed. The applicant had co-operated in the investigation. Charge sheet has been submitted and the applicant has been summoned by the court concerned. No custodial interrogation is required. It is next contended that identically placed co-accused Udayvir has been granted anticipatory bail by this Court vide order dated 12.9.2025 passed in Criminal Misc. Anticipatory Bail Application No.184 of 2025. The applicant claims parity. Criminal history of the applicant has been explained in para no.18 of the bail application. 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. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

6. 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 co-accused Ashok in police custody; in the alleged incident no person has received any injury; no medical report is available in the case diary; identically placed co-accused Udayvir has been granted anticipatory bail by this Court; investigation has been completed; the applicant had co- operated in the investigation; charge sheet has been submitted and the applicant has been summoned by the court concerned; no custodial 3 NABAIL No. 10819 of 2024 interrogation is required. 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.

7. In the event of arrest, the applicant Harishchandra, involved in Case Crime No.109 of 2024, under Sections 191(2), 191(3), 190, 109(1), 352 B.N.S. and Section 7 Criminal Law (Amendment ) Act, P.S. Kaila Devi, District Sambhal, 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 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. September 12, 2025 Manish Kr (Vivek Varma,J.) MANISH KUMAR MANISH KUMAR High Court of Judicature at Allahabad High Court of Judicature at Allahabad

1. Copy of the statement of the co-accused Ashok produced by Sri Neeraj Kumar Sharma, learned A.G.A. for the State is taken on record.

2. Heard counsel for the applicant and learned AGA for the opposite parties. Perused the material on record.

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

07.11.2024 passed by the co-ordinate Bench of this Court. The order is quoted herein below;- "1. 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.109 of 2024, under Sections 191(2), 191(3), 109(1), 190, 352 B.N.S. and Section 7 Criminal Law (Amendment ) Act, P.S. Kaila Devi, District Sambhal. 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 F.I.R. Police are in haste to arrest the applicant. Applicant has one case of criminal history, which has been explained in Para-18 of the affidavit. 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 AGA has accepted notice on behalf of opposite party no.1. 5. Issue notice to opposite party no.2 returnable at an early date. 6. Learned A.G.A. is granted three weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within one week thereafter. 7. List this case immediately after expiry of the aforesaid period. 8. As an interim protection, till the next date of listing, the applicant is granted anticipatory bail in the aforesaid case crime number. In the event of arrest, 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 Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by the police officer as and when required; (ii) The applicant shall not directly or indirectly, make any inducement, threat or 2 NABAIL No. 10819 of 2024 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 they have passport, the same shall be deposited by them 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. 9. Investigating Officer/Govt. In default of any of Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant." the conditions,

4. Counsel for the applicant contends 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 was disclosed by co-accused Ashok in police custody. The said statement, insofar as it implicates the applicant, is unreliable. As per the first information report, two groups were firing at each other. In the alleged incident no person has received any injury. No medical report is available in the case diary. Pursuant to the interim order dated

07.11.2024 the applicant had furnished bail bonds before the S.H.O. concerned and had joined the investigation. Investigation has been completed. The applicant had co-operated in the investigation. Charge sheet has been submitted and the applicant has been summoned by the court concerned. No custodial interrogation is required. It is next contended that identically placed co-accused Udayvir has been granted anticipatory bail by this Court vide order dated 12.9.2025 passed in Criminal Misc. Anticipatory Bail Application No.184 of 2025. The applicant claims parity. Criminal history of the applicant has been explained in para no.18 of the bail application. 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. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

6. 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 co-accused Ashok in police custody; in the alleged incident no person has received any injury; no medical report is available in the case diary; identically placed co-accused Udayvir has been granted anticipatory bail by this Court; investigation has been completed; the applicant had co- operated in the investigation; charge sheet has been submitted and the applicant has been summoned by the court concerned; no custodial 3 NABAIL No. 10819 of 2024 interrogation is required. 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.

7. In the event of arrest, the applicant Harishchandra, involved in Case Crime No.109 of 2024, under Sections 191(2), 191(3), 190, 109(1), 352 B.N.S. and Section 7 Criminal Law (Amendment ) Act, P.S. Kaila Devi, District Sambhal, 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 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. September 12, 2025 Manish Kr (Vivek Varma,J.) MANISH KUMAR MANISH KUMAR High Court of Judicature at Allahabad High Court of Judicature at Allahabad