Praveen Kumar Upadhyay Vs State of U.P. Thru. Its Addl. Chief Secy. Home Lko and Another

Neutral Citation No. - 2024:AHC-LKO:70277

Court No. - 15

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1645 of 2024

Applicant :- Praveen Kumar Upadhyay Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Home Lko And Another Counsel for Applicant :- Ravi Singh,Vyomesh Chandra Shukla Counsel for Opposite Party :- G.A.,Akash Deep Singh

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, Sri Akash Deep Singh, learned counsel for the complainant and learned AGA for the State as well as perused the record.

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The instant application under section 438 of Cr.P.C. has been filed for anticipatory bail in Case Crime No. 0072 of 2024, under Sections 419, 420, 467, 468, 471 IPC, Police Station Gosaiganj, District Ayodhya.

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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 there is no specific allegation against the present applicant and the applicant is not beneficiary as no amount has been credited in the account of the applicant. He added that the applicant is superfluously named in the First Information Report and there is no evidence against him that he was involved in committing the offience, as narrated in the First Information Report.

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The learned counsel for the complainant as well as learned State Counsel could not dispute the abovesaid contentions and even there is no adversarial facts in the counter affidavit which could show the involvement of the present applicant in this matter.

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In view of the aforesaid facts and circumstances of the case, I find it to be a fit case for grant of anticipatory bail.

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Consequently, the anticipatory bail application of the applicant is allowed.

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Let the applicant- Praveen Kumar Upadhyay , be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) that the applicant shall make himself available for interrogation by a police officer as and when required;

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(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;

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(iii) that the applicant shall not leave India without the previous permission of the court;

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(iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial;

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(v) that the applicant shall not pressurize/intimidate the prosecution witness;

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(vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

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It is made clear that observations made herein-above are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.

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Order Date :- 18.10.2024 kkv/

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Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Praveen Kumar Upadhyay v. State of U.P. Thru. Its Addl. Chief Secy. Home Lko and Another

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Praveen Kumar Upadhyay v. State of U.P. Thru. Its Addl. Chief Secy. Home Lko and Another

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