High Court · 2025

Heard learned counsel for the applicant, learned counsel for the compainant and learned A.G.A. for the State. The Co-ordinate Bench of this Court vide order dated 31.01.2025 while granting interim protection to the applicant has passed the following order:- "1. Heard Dr. Ajai Pratap Singh Chauhan, learned counsel for the applicant and Sri Ran Vijai Singh, learned AGA for the State.

2. Learned counsel for the applicant has filed supplementary affidavit enclosing therewith copy of complaint filed on Jan Sunvai Portal and statements of the prosecutrix recorded under Sections 180 & 183 of BNSS, the same is taken on record.

3. Issue notice to opposite party no.2 returnable at an early date.

4. Steps within a week. Office to proceed accordingly.

5. As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case Crime No.812 of 2024, under Section 69 of B.N.S, Police Station- P.G.I., District- Lucknow.

6. Learned counsel for the applicant has informed that when the applicant approached the Sessions Court by filing anticipatory bail application, no proclamation was issued. The aforesaid anticipatory bail application was rejected on

10.01.2025 and the applicant approached this Court on 16.01.2025. After filing of this application, proclamation under Section 82 Cr.P.C./ 84 B.N.S.S. has been issued on 17.01.2025.

7. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR, which has been lodged on 09.12.2024 for the alleged incident dated 01.11.2023 without explaining the inordinate delay. Learned counsel has stated that the aforesaid FIR has been lodged after the complaint of the present applicant being filed before the Director General of Police (Annexure No.5) on 20.11.2024 and copy of this application has been preferred to other authorities. Besides, his application has been registered on Jan Sunvai Portal after lodging the FIR. The prosecutrix is herself is a blackmailer and she was in jail in Case Crime No.1105 of 2018, Under Section 306 IPC, Police Station- P.G.I., District Lucknow and she was granted bail in the aforesaid case on 21.03.2022 by this Court in Criminal Misc. Bail Application No.3251 of 2020 (Annexures No.3 & 3-A). The present applicant is having no prior criminal history of any kind whatsoever. He is having his permanent address, therefore, there is no flight risk. Investigation is pending and the applicant undertakes that he shall cooperate in the investigation and shall not misuse the liberty of anticipatory bail, therefore, in view of the dictum of the Apex Court in re; Sushila Aggarwal Vs. State (NCT of Delhi) 2020 SCC Online SC 98, his liberty may be protected.

8. Learned AGA has opposed the aforesaid prayer of learned counsel for the applicant by submitting that he may be given some short time to file counter affidavit.

9. Let counter affidavit be filed within a period of four weeks. Rejoinder affidavit, if any, may be filed within a period of one week thereafter.

10. List in the week commencing 17.03.2025 within top ten cases.

11. Till the next date of listing, it is directed that in the event of arrest, applicant- Tej Pratap Singh alias Mahendra Kanaujiya shall be released on interim anticipatory bail in the aforesaid case crime number on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:- I. that the present applicant shall appear before the Investigating Officer on 04.02.2025 at 11:00 AM to cooperate in the investigation and shall further cooperate in the investigation till completion of the investigation and filing of the police report, failing which this interim protection may be withdrawn on the next date. II. that the applicant shall make himself available for interrogation by a police officer as and when required; III. 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; IV. that the applicant shall not leave India without previous permission of the court; V. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant; VI. that the applicant shall not pressurize/ intimidate the prosecution witness." Learned counsel for the applicant submits that allegation in the F.I.R. are baseless and applicant has been falsely implicated. The investigating officer has filed the charge sheet without collecting the cogent and tangible evidence. He submits that in compliance of the order dated 30.01.2025, applicant has filed the bail bonds and has been released on interim anticipatory bail by the learned trial court. Applicant undertakes to cooperate in the trial. Applicant has not misused the liberty of interim protection granted by this Court. Learned A.G.A. as well as learned counsel for the complainant have vehemently opposed the bail application. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has cooperated in the investigation and he shall cooperate in the trial, the interim protection granted by this Court vide order dated 30.01.2025 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. Order Date :- 21.8.2025 Saurabh Yadav/- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Heard learned counsel for the applicant, learned counsel for the compainant and learned A.G.A. for the State. The Co-ordinate Bench of this Court vide order dated 31.01.2025 while granting interim protection to the applicant has passed the following order:- "1. Heard Dr. Ajai Pratap Singh Chauhan, learned counsel for the applicant and Sri Ran Vijai Singh, learned AGA for the State.

2. Learned counsel for the applicant has filed supplementary affidavit enclosing therewith copy of complaint filed on Jan Sunvai Portal and statements of the prosecutrix recorded under Sections 180 & 183 of BNSS, the same is taken on record.

3. Issue notice to opposite party no.2 returnable at an early date.

4. Steps within a week. Office to proceed accordingly.

5. As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case Crime No.812 of 2024, under Section 69 of B.N.S, Police Station- P.G.I., District- Lucknow.

6. Learned counsel for the applicant has informed that when the applicant approached the Sessions Court by filing anticipatory bail application, no proclamation was issued. The aforesaid anticipatory bail application was rejected on

10.01.2025 and the applicant approached this Court on 16.01.2025. After filing of this application, proclamation under Section 82 Cr.P.C./ 84 B.N.S.S. has been issued on 17.01.2025.

7. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR, which has been lodged on 09.12.2024 for the alleged incident dated 01.11.2023 without explaining the inordinate delay. Learned counsel has stated that the aforesaid FIR has been lodged after the complaint of the present applicant being filed before the Director General of Police (Annexure No.5) on 20.11.2024 and copy of this application has been preferred to other authorities. Besides, his application has been registered on Jan Sunvai Portal after lodging the FIR. The prosecutrix is herself is a blackmailer and she was in jail in Case Crime No.1105 of 2018, Under Section 306 IPC, Police Station- P.G.I., District Lucknow and she was granted bail in the aforesaid case on 21.03.2022 by this Court in Criminal Misc. Bail Application No.3251 of 2020 (Annexures No.3 & 3-A). The present applicant is having no prior criminal history of any kind whatsoever. He is having his permanent address, therefore, there is no flight risk. Investigation is pending and the applicant undertakes that he shall cooperate in the investigation and shall not misuse the liberty of anticipatory bail, therefore, in view of the dictum of the Apex Court in re; Sushila Aggarwal Vs. State (NCT of Delhi) 2020 SCC Online SC 98, his liberty may be protected.

8. Learned AGA has opposed the aforesaid prayer of learned counsel for the applicant by submitting that he may be given some short time to file counter affidavit.

9. Let counter affidavit be filed within a period of four weeks. Rejoinder affidavit, if any, may be filed within a period of one week thereafter.

10. List in the week commencing 17.03.2025 within top ten cases.

11. Till the next date of listing, it is directed that in the event of arrest, applicant- Tej Pratap Singh alias Mahendra Kanaujiya shall be released on interim anticipatory bail in the aforesaid case crime number on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:- I. that the present applicant shall appear before the Investigating Officer on 04.02.2025 at 11:00 AM to cooperate in the investigation and shall further cooperate in the investigation till completion of the investigation and filing of the police report, failing which this interim protection may be withdrawn on the next date. II. that the applicant shall make himself available for interrogation by a police officer as and when required; III. 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; IV. that the applicant shall not leave India without previous permission of the court; V. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant; VI. that the applicant shall not pressurize/ intimidate the prosecution witness." Learned counsel for the applicant submits that allegation in the F.I.R. are baseless and applicant has been falsely implicated. The investigating officer has filed the charge sheet without collecting the cogent and tangible evidence. He submits that in compliance of the order dated 30.01.2025, applicant has filed the bail bonds and has been released on interim anticipatory bail by the learned trial court. Applicant undertakes to cooperate in the trial. Applicant has not misused the liberty of interim protection granted by this Court. Learned A.G.A. as well as learned counsel for the complainant have vehemently opposed the bail application. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has cooperated in the investigation and he shall cooperate in the trial, the interim protection granted by this Court vide order dated 30.01.2025 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. Order Date :- 21.8.2025 Saurabh Yadav/- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench