Pradeep Jain Alias Pradeep Kumar Jain Vs State of U.P. Thru. Prin. Secy. Home Lko.

Neutral Citation No. - 2025:AHC-LKO:5313

Court No. - 15

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 107 of 2024

Applicant :- Pradeep Jain Alias Pradeep Kumar Jain Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Purnendu Chakravarty,Pranjal Jain Counsel for Opposite Party :- G.A.,Ashish Raman Mishra

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant and learned Counsel for the State as well as perused the material placed on record.

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Instant application has been filed with the prayer to enlarge the applicant on anticipatory bail in FIR No. 0503 of 2023, dated 17.01.2023, under Sections 323, 504, 506, 352, 498-A IPC and Section 3/4 of Dowry Prohibition Act, Police Station Tikaitnagar, District Barabanki.

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From perusal of the order sheet, it appears that on 22.01.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:-

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"1. Power/ Vakalatnama has been filed by Shri Ashish Raman Mishra on behalf of informant/ complainant and the same is taken on record.

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2. Learned AGA informs that he has procured complete instructions in the matter including upto date case diary.

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3. Heard Shri Purnendu Chakravarty,, learned counsel for the applicant, Shri Arun Kumar Mihsra holding brief for Shri Ashish Raman Mishra, learned counsel for the informant/ complainant as well as learned A.G.A. for the State and perused the record.

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4. The present anticipatory bail application has been moved by the accused/applicant- Pradeep Jain Alias Pradeep Kumar Jain in Case Crime/FIR No. 0503/2023, under Sections 323, 504, 506, 352, 498-A IPC and 3/4 Dowry Prohibition Act, Police Station Tikait Nagar, District Barabanki, with the prayer to enlarge him on anticipatory bail as he is apprehending arrest in the abovementioned case.

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4. Learned counsel for the accused-applicant while pressing the anticipatory bail application submits that it is a case of false implication. The applicant is 'Dewar' of the informant/ victim and general allegations of committing cruelty in lieu of demand of dowry has been levelled against all the accused persons, however, no specific role or over act has been assigned to the applicant.

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5. Identically placed co-accused person, namely, Neelam Jain and Shishu Kumar Jain, who are parents-in-law of the victim have been granted interim protection by a Coordinate Bench of this Court, vide order dated 22.12.2023 passed in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3034 of 2023.

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6. It is further submitted that the applicant is not having any criminal antecedent and he is ready to cooperate in the investigation and would remain present

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before the Investigating Officer as and when his presence would be required.

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7. Learned AGA on the other hands submits that the applicant is accused of committing heinous offence, and therefore he is not entitled for any protection.

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8. Shri Arun Kumar Mihsra holding brief for Shri Ashish Raman Mishra, learned counsel for the informant/ complainant opposes the prayer of anticipatory bail of the applicant on the ground that he is accused of committing heinous offence, therefore, he is not entitled for any protection.

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9. Having regard to the facts and circumstances of the case and also keeping in view the fact that identically placed co-accused persons have been granted interim protection, same benefit may also be granted to the instant applicant on the principle of parity.

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10. Counter affidavit/ objection if desired by the complainant as well as by the State may be filed till the next date of listing.

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11. List on 8.2.2024

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14. It is provided that by the next date of listing in the event of the arrest of the applicant- Pradeep Jain Alias Pradeep Kumar Jain under any process of the trial court or on his appearance/ surrender before the trial court within 15 days from today i.e. till 07.02.2024, he shall be released forthwith on anticipatory bail, on his furnishing a personal bond and two sureties in the like amount to the satisfaction of Trial court concerned, subject to the following conditions:-

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1. The applicant if not arrested earlier, shall surrender before the trial court within 15 days from today i.e. on or before 07.02.2024 and will cooperate in the trial.

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2. The applicant shall not make any attempt to influence the prosecution witnesses and will also not commit any crime during her release on anticipatory bail.

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3. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and especially when the prosecution witnesses are present in court.

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15. List as directed on 08.02.2024, on which date, this application shall be decided finally.

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16. In the meantime, counter affidavit may also be filed by State as well as by informant."

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From perusal of the order dated 22.01.2024, it transpires that learned AGA has failed to demonstrate that there is any adversarial fact which is 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 AGA 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.

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In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Pradeep Jain @ Pradeep Kumar Jain till disposal of the trial subject to 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 the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and

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

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In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection.

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Order Date :- 27.1.2025

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