High Court · 2025

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. The present application under Section 438 Cr.PC./ Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 180 of 2024, under Sections 419, 420, 467, 468, 471, 504 IPC, Police Station- Jaisingpur, District- Sultanpur. From perusal of the order sheet, it appears that on 21.01.2025 following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 180 of 2024, under sections 419/ 420/ 467/ 468/ 471/ 504 of the I.P.C.,Police Station-Jaisinghpur, District-Sultanpur. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated. He added that initially the first information report was lodged, wherein, the son of present complainant moved an application and the investigation was concluded and the chargesheet was filed. He next added that thereafter the bail was applied, wherein the bail was granted on the condition that the applicant would repay back the amount of Rs. 3,25,000/- and subsequently, the order was modified that the amount in question will be delivered to the son of the complainant after the trial is concluded. He submits that for the same incident, the first information report is lodged by the father of the applicant in the earlier matter and the first information report is lodged for the same incident, which is not permissible under the law. He also submits that the applicant has already deposited Rs. 3,25,000/- and now, no further criminal proceeding can go on against the applicant. He also submits that the applicant has no other criminal history except apart the two cases and added that the applicant is cooperating in the investigation proceedings and he would never abscond from the same. Further submitted that the applicant has an acute apprehension of being arrested by the police, as such, he may be granted anticipatory bail which he will not misuse. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that there are serious allegations against t he applicant and as such, he is not entitled for any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it to be a fit case of anticipatory bail. Till the next date of listing, the present applicant,Vijaysen Singh,shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his 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 applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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 or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case charge sheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant 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. Let notice be issued to opposite party no. 2 returnable at an early date. Steps be taken within a week. If the steps are taken, the office shall proceed accordingly. List/put up this matter in Third Week of February 2025. In the meantime, learned counsel for the State as well as opposite party no. 2 shall file their counter affidavits." State counsel has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceedings 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 applicant, namely, Vijaysen Singh till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. (vi) The applicant is directed to remain present before the Investigating Officer concerned on 20.03.2025 at 02:00 p.m., if the charge sheet has not been filed, and he shall remain present on each and every date till filing of the charge sheet, failing which the Investigating Officer concerned shall inform this Court through Senior Registrar of this Court. In case of default, it would be open for the Investigating Agency to move application for vacation of this order. Order Date :- 11.3.2025 (Manoj K.) MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. The present application under Section 438 Cr.PC./ Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 180 of 2024, under Sections 419, 420, 467, 468, 471, 504 IPC, Police Station- Jaisingpur, District- Sultanpur. From perusal of the order sheet, it appears that on 21.01.2025 following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 180 of 2024, under sections 419/ 420/ 467/ 468/ 471/ 504 of the I.P.C.,Police Station-Jaisinghpur, District-Sultanpur. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated. He added that initially the first information report was lodged, wherein, the son of present complainant moved an application and the investigation was concluded and the chargesheet was filed. He next added that thereafter the bail was applied, wherein the bail was granted on the condition that the applicant would repay back the amount of Rs. 3,25,000/- and subsequently, the order was modified that the amount in question will be delivered to the son of the complainant after the trial is concluded. He submits that for the same incident, the first information report is lodged by the father of the applicant in the earlier matter and the first information report is lodged for the same incident, which is not permissible under the law. He also submits that the applicant has already deposited Rs. 3,25,000/- and now, no further criminal proceeding can go on against the applicant. He also submits that the applicant has no other criminal history except apart the two cases and added that the applicant is cooperating in the investigation proceedings and he would never abscond from the same. Further submitted that the applicant has an acute apprehension of being arrested by the police, as such, he may be granted anticipatory bail which he will not misuse. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that there are serious allegations against t he applicant and as such, he is not entitled for any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it to be a fit case of anticipatory bail. Till the next date of listing, the present applicant,Vijaysen Singh,shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his 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 applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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 or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case charge sheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant 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. Let notice be issued to opposite party no. 2 returnable at an early date. Steps be taken within a week. If the steps are taken, the office shall proceed accordingly. List/put up this matter in Third Week of February 2025. In the meantime, learned counsel for the State as well as opposite party no. 2 shall file their counter affidavits." State counsel has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceedings 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 applicant, namely, Vijaysen Singh till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. (vi) The applicant is directed to remain present before the Investigating Officer concerned on 20.03.2025 at 02:00 p.m., if the charge sheet has not been filed, and he shall remain present on each and every date till filing of the charge sheet, failing which the Investigating Officer concerned shall inform this Court through Senior Registrar of this Court. In case of default, it would be open for the Investigating Agency to move application for vacation of this order. Order Date :- 11.3.2025 (Manoj K.) MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench