High Court · 2025

Heard learned Counsel for the applicants, learned Counsel for the State as well as perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicants on anticipatory bail in Case Crime/FIR No. 0092 of 2022, under Sections 147, 148, 149, 308 and 506 IPC, Police Station Khairighat, District Bahraich. The notice has been issued to the complainant/opposite party no. 2 and as per office report, the same has been served but no one is present for the complainant/opposite party no. 2. From perusal of the order sheet, it appears that on 21.01.2025, the following order was passed wherein the present applicants have been granted interim anticipatory bail:- "Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicants, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicants with the prayer to release them on anticipatory bail in Case Crime No.0092 of 2022 under Sections 147, 148, 149, 308 & 506 I.P.C., Police Station Khairighat, District Bahraich. Contention of learned counsel for the applicants is that the applicants are innocent and they have been falsely implicated in the present case. He submits that eleven persons are named for beating the injured though the injured sustained one simple injury, and, as such, the prosecution story is improbable and due to anonymity the name of the applicants including six other accused persons are implicated in the F.I.R. though they were not present on the spot. He further submits that no proceedings under Section 82 and 83 are initiated yet and the applicants are undertaking that they will co-operate with the investigating proceedings and they will remain present before the Investigating Officer as and when required. He further submits that the applicants have no previous criminal history and they are law abiding citizen and they have acute apprehension of being arrested by the police, as such, they may be granted anticipatory bail which they will not misuse. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that the applicants are named in the F.I.R. and there is sufficient proof that they have committed the offence, as such, they are not entitled to any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court find it to be a fit case of interim anticipatory bail. Till the next date of listing, the present applicants Durgesh Pasi @ Durgesh Kumar, Shiv Shankar Pasi @ Shiv Shankar, Jimedar @ Jimmedar Pasi, Rakesh Pasi @ Rakesh and Baba Deen hall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on their furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicants shall not leave India without the previous permission of the court; (iv) that in case charge sheet is submitted the applicants shall not tamper with the evidence during the trial; (v) that the applicants shall not pressurize/ intimidate the prosecution witness; (vi) that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Issue notice to the opposite party no.2 returnable at an early date. Steps be taken within one week. List/put up this matter in the third week of February 2025. In the meantime, learned counsel for the State shall file the counter affidavit." From perusal of the order dated 21.01.2025, it transpires that State counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicants were enlarged on an interim anticipatory bail after thoroughly considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicants are not cooperating with the investigation proceeding or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicants, namely, Durgesh Pasi @ Durgesh Kumar, Shiv Shankar Pasi @ Shiv Shankar, Jimedar @ Jimmedar Pasi, Rakesh Pasi @ Rakesh and Baba Deen till disposal of the trial subject to the following conditions:- (i) that the applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicants shall not leave India without the previous permission of the court; (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicants shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this protection. Order Date :- 18.2.2025 kkv/ KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Heard learned Counsel for the applicants, learned Counsel for the State as well as perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicants on anticipatory bail in Case Crime/FIR No. 0092 of 2022, under Sections 147, 148, 149, 308 and 506 IPC, Police Station Khairighat, District Bahraich. The notice has been issued to the complainant/opposite party no. 2 and as per office report, the same has been served but no one is present for the complainant/opposite party no. 2. From perusal of the order sheet, it appears that on 21.01.2025, the following order was passed wherein the present applicants have been granted interim anticipatory bail:- "Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicants, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicants with the prayer to release them on anticipatory bail in Case Crime No.0092 of 2022 under Sections 147, 148, 149, 308 & 506 I.P.C., Police Station Khairighat, District Bahraich. Contention of learned counsel for the applicants is that the applicants are innocent and they have been falsely implicated in the present case. He submits that eleven persons are named for beating the injured though the injured sustained one simple injury, and, as such, the prosecution story is improbable and due to anonymity the name of the applicants including six other accused persons are implicated in the F.I.R. though they were not present on the spot. He further submits that no proceedings under Section 82 and 83 are initiated yet and the applicants are undertaking that they will co-operate with the investigating proceedings and they will remain present before the Investigating Officer as and when required. He further submits that the applicants have no previous criminal history and they are law abiding citizen and they have acute apprehension of being arrested by the police, as such, they may be granted anticipatory bail which they will not misuse. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that the applicants are named in the F.I.R. and there is sufficient proof that they have committed the offence, as such, they are not entitled to any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court find it to be a fit case of interim anticipatory bail. Till the next date of listing, the present applicants Durgesh Pasi @ Durgesh Kumar, Shiv Shankar Pasi @ Shiv Shankar, Jimedar @ Jimmedar Pasi, Rakesh Pasi @ Rakesh and Baba Deen hall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on their furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicants shall not leave India without the previous permission of the court; (iv) that in case charge sheet is submitted the applicants shall not tamper with the evidence during the trial; (v) that the applicants shall not pressurize/ intimidate the prosecution witness; (vi) that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Issue notice to the opposite party no.2 returnable at an early date. Steps be taken within one week. List/put up this matter in the third week of February 2025. In the meantime, learned counsel for the State shall file the counter affidavit." From perusal of the order dated 21.01.2025, it transpires that State counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicants were enlarged on an interim anticipatory bail after thoroughly considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicants are not cooperating with the investigation proceeding or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicants, namely, Durgesh Pasi @ Durgesh Kumar, Shiv Shankar Pasi @ Shiv Shankar, Jimedar @ Jimmedar Pasi, Rakesh Pasi @ Rakesh and Baba Deen till disposal of the trial subject to the following conditions:- (i) that the applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicants shall not leave India without the previous permission of the court; (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicants shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this protection. Order Date :- 18.2.2025 kkv/ KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench