The Allahabad High Court granted anticipatory bail to the applicant, Lokesh Bansal, in a case involving Sections 307 and 307 IPC, directing him to surrender his passport and appear at trial milestones.
Anticipatory bail granted on personal bond with two sureties subject to conditions of passport surrender and appearance at trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5495 of 2020
Applicant :- Lokesh Bansal @ Lomesh Basal Opposite Party :- State of U.P. Counsel for Applicant :- Hira Lal Singh(Kushwaha) Counsel for Opposite Party :- G.A.,Shravan Kumar Singh
Hon'ble Siddharth,J.
List has been revised. No one appears on behalf of the informant to oppose this anticipatory bail application.
Despite time granted by this Court on 21.9.2020, no counter affidavit has been filed by learned AGA till date.
Heard learned counsel for the applicant and learned AGA for the State.
Order on Criminal Misc. Exemption Application
This exemption application is allowed.
Order on Criminal Misc. Anticipatory Bail Application
The instant anticipatory bail application has been filed on behalf of the applicant, Lokesh Bansal @ Lomesh Basal, with a prayer to release him on bail in Case Crime No.167 of 2020, under Sections 452, 307, 323, 504, 506 IPC, Police Station Jarcha, District Gautam Buddha Nagar, during pendency of trial.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438 (3) Cr.P.C. (U. P. Amendment) is not required.
Learned counsel for applicant submits that that the applicant has nothing to do with the offence in question. It is a case of involvement of certain boys and children in
the present incident. The entire future of the applicant will be jeopardized by lodging of the false report. There is neither any involvement of the applicant in the offence nor does he bears any criminal history. Lastly it is submitted that co-accused, namely, Manish Payal, has been granted anticipatory bail by co-ordinate Bench of this Court vide order dated 1.9.2020, passed in Criminal Misc. Anticipatory Bail Application u/s 438 No.5229 of 2020.
Learned AGA has opposed the prayer for anticipatory bail of the applicant, but could not dispute the aforesaid facts.
Hence the applicant is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No.2609 of 2020 . The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
Without expressing any opinion on the merits of the case and considering the nature of accusations and his antecedents, the applicant is entitled to be released on anticipatory bail in this case.
Let the applicant involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.
Order Date :- 4.1.2021 Ruchi Agrahari
2 issues framed by the court
Whether the applicant, Lokesh Bansal, is entitled to anticipatory bail in pending criminal proceedings?
What conditions should be imposed for the grant of anticipatory bail in this case?
Colour shows how this judgement treated each authority
Sushila Aggarwal vs. State (NCT of Delhi)Relied on¶16
Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 · Who else cites this
Govind Mishra @ Chhotu Versus State of U.P.Referred¶12
Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P.
Criminal Misc. Anticipatory Bail Application u/s 438 No.5229 of 2020Referred¶14
Criminal Misc. Anticipatory Bail Application No.2609 of 2020Referred¶16
2 provisions across 2 enactments
Lokesh Bansal @ Lomesh Basal
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
