High Court · 2025

"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. 02 of 2021, under Sections 420, 468, 471, 477-A, 467, 120-B I.P.C., Police Station SIT, District Lucknow. Contention of learned counsel for the applicant is that the applicant is innocent and he has falsely been implicated in the present case. He submits that the matter pertains to 2018 and the F.I.R. has been lodged in 2019 and the applicant is not named in the F.I.R. and there is no direct role of the applicant so as to connect him with the instant matter. He further added that the applicant is running an outsourcing agency and some labourers were inducted in the examination and the applicant had no control over the OMR sheet etc. and no cogent piece of evidence is collected against the applicant so as to his involvement and further there is no complaint with the applicant has ever absconded from the investigation proceedings and the statement of the applicant has already been recorded before the police. He further submits that the applicant is undertaking that he will co-operate with the investigation proceedings and he will remain present before the Investigating Officer as and when required. He further submits that the applicant has no previous criminal history and he is a law abiding citizen and he has 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 the applicant is named in the F.I.R. and there is sufficient proof that he has committed the offence, as such, he is 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 applicant Dheeraj Kumar 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. 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 fourth week of January 2025. In the meantime, learned counsel for the opposite parties shall file the counter affidavit. " From perusal of the order dated 20.12.2024, it transpires that learned State Counsel was directed to file counter affidavit but the same has not been filed as yet. Learned 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, Dheeraj Kumar 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 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 interim protection. Order Date :- 27.1.2025 Praveen PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

"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. 02 of 2021, under Sections 420, 468, 471, 477-A, 467, 120-B I.P.C., Police Station SIT, District Lucknow. Contention of learned counsel for the applicant is that the applicant is innocent and he has falsely been implicated in the present case. He submits that the matter pertains to 2018 and the F.I.R. has been lodged in 2019 and the applicant is not named in the F.I.R. and there is no direct role of the applicant so as to connect him with the instant matter. He further added that the applicant is running an outsourcing agency and some labourers were inducted in the examination and the applicant had no control over the OMR sheet etc. and no cogent piece of evidence is collected against the applicant so as to his involvement and further there is no complaint with the applicant has ever absconded from the investigation proceedings and the statement of the applicant has already been recorded before the police. He further submits that the applicant is undertaking that he will co-operate with the investigation proceedings and he will remain present before the Investigating Officer as and when required. He further submits that the applicant has no previous criminal history and he is a law abiding citizen and he has 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 the applicant is named in the F.I.R. and there is sufficient proof that he has committed the offence, as such, he is 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 applicant Dheeraj Kumar 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. 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 fourth week of January 2025. In the meantime, learned counsel for the opposite parties shall file the counter affidavit. " From perusal of the order dated 20.12.2024, it transpires that learned State Counsel was directed to file counter affidavit but the same has not been filed as yet. Learned 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, Dheeraj Kumar 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 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 interim protection. Order Date :- 27.1.2025 Praveen PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench