High Court · 2025
Case Details
Acts & Sections
Applicant :- Anil Das @ Anil Kumar Das Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. And Another Counsel for Applicant :- Vaibhav Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Rejoinder AfÏdavit filed today on behalf of the applicant is taken on record. Vide order dated 09-01-2025, the notice was issued to opposite party no. 2 and as per the ofÏce report, the same is served upon him. Case called out in revised list. Neither the opposite party no. 2 nor his counsel is present. Under the aforesaid circumstances, the court is proceeding in this matter. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the accused-applicant on anticipatory bail in Case Crime No. 372 of 2024, under sections 419, 420, 467, 468 & 471 of the I.P.C., Police Station-Kotwali Nagar, District-Ayodhya. From perusal of the order sheet, it appears that on 09.01.2025 following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard Sri Vaibhav Srivastava, learned counsel for the applicant and the learned AGA for the State. This is an anticipatory bail application. As per the learned counsel for the applicant the present applicant is apprehending his arrest in Case Crime No. 372 of 2024, under Sections 419, 420, 467, 468 and 471 of IPC at Police Station Kotwali Nagar, District Ayodhya. As per the prosecution story, the present applicant is a marginal witness of the sale-deed in question. He is not the beneficiary of the transaction. For cancellation of the sale- deed, civil suit has been filed between the parties. The accused, Ram Singh who had executed the sale-deed in question has been granted interim protection by the Division Bench of this Court in Criminal Misc Writ Petition No. 7143 of 2024 vide order dated 01.10.2024 and the aforesaid petition is still pending consideration. He further submits that the applicant is undertaking that he will co- operate with the investigating proceedings and he will remain present before the Investigating OfÏcer as and when required. He further submits that the applicant has two cases criminal history, which has been explained in supplementary afÏdavit 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 there is sufÏcient proof that the applicant 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 anticipatory bail. Till the next date of listing, the present applicant Anil Das @ Anil Kumar Das 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 ofÏcer 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 ofÏcer 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 the second week of February 2025. In the meantime, State and the opposite party no.2 may file their counter afÏdavits. " From perusal of the order dated 09.01.2025, 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 applicant was enlarged on an interim anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to substantiate that the present applicant is not cooperating with the investigation proceedings. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Anil Das @ Anil Kumar Das till filing of the chargesheet subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police ofÏcer 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 ofÏcer 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) pressurize/intimidate the prosecution witness. the applicant In case of default, it would be open for the Investigating Agency to move application for vacation of this protection. Order Date :- 27.2.2025 AKS ANUJ KRISHNA SRIVASTAVA ANUJ KRISHNA SRIVASTAVA ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench Lucknow Bench
Applicant :- Anil Das @ Anil Kumar Das Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. And Another Counsel for Applicant :- Vaibhav Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Rejoinder AfÏdavit filed today on behalf of the applicant is taken on record. Vide order dated 09-01-2025, the notice was issued to opposite party no. 2 and as per the ofÏce report, the same is served upon him. Case called out in revised list. Neither the opposite party no. 2 nor his counsel is present. Under the aforesaid circumstances, the court is proceeding in this matter. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the accused-applicant on anticipatory bail in Case Crime No. 372 of 2024, under sections 419, 420, 467, 468 & 471 of the I.P.C., Police Station-Kotwali Nagar, District-Ayodhya. From perusal of the order sheet, it appears that on 09.01.2025 following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard Sri Vaibhav Srivastava, learned counsel for the applicant and the learned AGA for the State. This is an anticipatory bail application. As per the learned counsel for the applicant the present applicant is apprehending his arrest in Case Crime No. 372 of 2024, under Sections 419, 420, 467, 468 and 471 of IPC at Police Station Kotwali Nagar, District Ayodhya. As per the prosecution story, the present applicant is a marginal witness of the sale-deed in question. He is not the beneficiary of the transaction. For cancellation of the sale- deed, civil suit has been filed between the parties. The accused, Ram Singh who had executed the sale-deed in question has been granted interim protection by the Division Bench of this Court in Criminal Misc Writ Petition No. 7143 of 2024 vide order dated 01.10.2024 and the aforesaid petition is still pending consideration. He further submits that the applicant is undertaking that he will co- operate with the investigating proceedings and he will remain present before the Investigating OfÏcer as and when required. He further submits that the applicant has two cases criminal history, which has been explained in supplementary afÏdavit 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 there is sufÏcient proof that the applicant 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 anticipatory bail. Till the next date of listing, the present applicant Anil Das @ Anil Kumar Das 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 ofÏcer 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 ofÏcer 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 the second week of February 2025. In the meantime, State and the opposite party no.2 may file their counter afÏdavits. " From perusal of the order dated 09.01.2025, 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 applicant was enlarged on an interim anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to substantiate that the present applicant is not cooperating with the investigation proceedings. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Anil Das @ Anil Kumar Das till filing of the chargesheet subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police ofÏcer 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 ofÏcer 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) pressurize/intimidate the prosecution witness. the applicant In case of default, it would be open for the Investigating Agency to move application for vacation of this protection. Order Date :- 27.2.2025 AKS ANUJ KRISHNA SRIVASTAVA ANUJ KRISHNA SRIVASTAVA ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench Lucknow Bench