High Court · 2025

Heard learned counsel for the applicant, learned AGA for the State as well as perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant on anticipatory bail in Case Crime No. 0318 of 2024, under Sections 3/4 of D.P. Act, and Sections 127(2), 115(2), 351(2), 76, 85 of BNS, 2023, Police Station Kadipur, District Sultanpur. The notice has been issued to opposite party no. 2 and as per office report the same has been served personally but no one is present on behalf of complainant/opposite party no. 2. From perusal of the order sheet, it appears that on 10.12.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 0318 of 2024, under sections 3/4 of D.P. Act and section 127(2), 115(2), 351(2), 76, 85 of B.N.S. 2023 IPC P.S.- Kadipur District - Sultanpur. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the main role of outraging the modesty of the victim is against the brother of the applicant and the applicant is husband and he was never involved in committing any offence and due to enmity, he has also been implicated in the first information report. He added that no such incident has ever been taken place and due to some matrimonial dispute, the first information report has been lodged and all the family members are implicated. He added that the applicant has no previous criminal history as is mentioned in paragraph no. 18 of the affidavit filed in support of the anticipatory bail application. The applicant has undertaken that he would always cooperate with the investigation proceedings and would always cooperate with the same. He also submits that there is apprehension that the applicant will be arrested by the police for his no fault thus, submission is that the the applicant may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is involved in committed offence, as such, he is not entitled to be released on anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant-Ashish Kumar Yadav shall be released forthwith, in case of his arrest 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 chargesheet 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 steps are taken, office shall proceed accordingly. List/put up this matter in third week of January, 2025. In the meantime, the State as well as opposite party no. 2 may file their counter affidavits." From perusal of the order dated 10.12.2024, 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 applicant was 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 applicant is 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 applicant, namely, Ashish Kumar Yadav 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 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. 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 applicant, learned AGA for the State as well as perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant on anticipatory bail in Case Crime No. 0318 of 2024, under Sections 3/4 of D.P. Act, and Sections 127(2), 115(2), 351(2), 76, 85 of BNS, 2023, Police Station Kadipur, District Sultanpur. The notice has been issued to opposite party no. 2 and as per office report the same has been served personally but no one is present on behalf of complainant/opposite party no. 2. From perusal of the order sheet, it appears that on 10.12.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 0318 of 2024, under sections 3/4 of D.P. Act and section 127(2), 115(2), 351(2), 76, 85 of B.N.S. 2023 IPC P.S.- Kadipur District - Sultanpur. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the main role of outraging the modesty of the victim is against the brother of the applicant and the applicant is husband and he was never involved in committing any offence and due to enmity, he has also been implicated in the first information report. He added that no such incident has ever been taken place and due to some matrimonial dispute, the first information report has been lodged and all the family members are implicated. He added that the applicant has no previous criminal history as is mentioned in paragraph no. 18 of the affidavit filed in support of the anticipatory bail application. The applicant has undertaken that he would always cooperate with the investigation proceedings and would always cooperate with the same. He also submits that there is apprehension that the applicant will be arrested by the police for his no fault thus, submission is that the the applicant may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is involved in committed offence, as such, he is not entitled to be released on anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant-Ashish Kumar Yadav shall be released forthwith, in case of his arrest 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 chargesheet 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 steps are taken, office shall proceed accordingly. List/put up this matter in third week of January, 2025. In the meantime, the State as well as opposite party no. 2 may file their counter affidavits." From perusal of the order dated 10.12.2024, 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 applicant was 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 applicant is 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 applicant, namely, Ashish Kumar Yadav 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 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. 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