High Court · 2025

"1. Heard Sri Anil Babu, learned counsel for the applicant, learned counsel for the informant, 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. 0388 of 2024, under Sections 420, 467, 468, 471 I.P.C, Police Station- Auraiya, District- Auraiya.

3. Allegation in the first information report is that applicant and named accused persons issued forged and fabricated birth certificates. 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 having no concern with the alleged incident. Allegation alleged in the first information report is false and baseless. Prima facie, no offence under alleged sections is made out. Investigation is going on. 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 and learned counsel for the informant 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 counsel for the informant is 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. 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 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 applicant has passport, the same shall be deposited 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 pressurize/intimidate the prosecution witness. (vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted.

8. In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant."

3. Learned counsel for the applicant contends that pursuant to the order dated 06.02.2025 the applicant had furnished bail bonds before the S.H.O. of concerned police station. Investigation is still pending. He is cooperating in the investigation. The applicant has not violated any conditions nor has misused the liberty of interim anticipatory bail. It is next contended that the applicant had not furnished any affidavit before the Nagar Palika Parishad, Auraiya with regard to the date of birth of Lavkush Savita @ Chhotu. No such affidavit had been collected by the Investigating Officer. Counsel for the applicant further submits that the present application may be disposed of at this stage.

4. Heard learned counsel for the applicant, Sri Anupam Anand, learned brief holder for the State and perused the material placed on record.

5. No adverse material has been produced by learned brief holder for the State, which may warrant any modification in the aforesaid order dated 06.02.2025. At this stage, there is no substantive evidence to link the applicant with the offence. Therefore, no useful purpose would be served by keeping this application pending any further.

6. Accordingly, the order dated 06.02..2025 is hereby made absolute till filing of police report under Section 173(2) Cr.P.C. for the reasons as given in the said order on his furnishing a fresh 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 a police office as and when required; (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 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. concerned.

7. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

8. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

9. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

10. The application stands disposed of. Order Date :- 16.5.2025 Lbm/- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

"1. Heard Sri Anil Babu, learned counsel for the applicant, learned counsel for the informant, 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. 0388 of 2024, under Sections 420, 467, 468, 471 I.P.C, Police Station- Auraiya, District- Auraiya.

3. Allegation in the first information report is that applicant and named accused persons issued forged and fabricated birth certificates. 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 having no concern with the alleged incident. Allegation alleged in the first information report is false and baseless. Prima facie, no offence under alleged sections is made out. Investigation is going on. 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 and learned counsel for the informant 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 counsel for the informant is 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. 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 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 applicant has passport, the same shall be deposited 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 pressurize/intimidate the prosecution witness. (vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted.

8. In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant."

3. Learned counsel for the applicant contends that pursuant to the order dated 06.02.2025 the applicant had furnished bail bonds before the S.H.O. of concerned police station. Investigation is still pending. He is cooperating in the investigation. The applicant has not violated any conditions nor has misused the liberty of interim anticipatory bail. It is next contended that the applicant had not furnished any affidavit before the Nagar Palika Parishad, Auraiya with regard to the date of birth of Lavkush Savita @ Chhotu. No such affidavit had been collected by the Investigating Officer. Counsel for the applicant further submits that the present application may be disposed of at this stage.

4. Heard learned counsel for the applicant, Sri Anupam Anand, learned brief holder for the State and perused the material placed on record.

5. No adverse material has been produced by learned brief holder for the State, which may warrant any modification in the aforesaid order dated 06.02.2025. At this stage, there is no substantive evidence to link the applicant with the offence. Therefore, no useful purpose would be served by keeping this application pending any further.

6. Accordingly, the order dated 06.02..2025 is hereby made absolute till filing of police report under Section 173(2) Cr.P.C. for the reasons as given in the said order on his furnishing a fresh 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 a police office as and when required; (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 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. concerned.

7. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

8. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

9. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

10. The application stands disposed of. Order Date :- 16.5.2025 Lbm/- LAL BAHADUR MAURYA High Court of Judicature at Allahabad