Pradeep Kumar Vs State of U.P. Thru. Prin. Secy. Home Lko and Another

Neutral Citation No. - 2025:AHC-LKO:822

Court No. - 13

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6 of 2025

Applicant :- Pradeep Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Lalu Prasad Bhatt,Rashmi Srivastava,Sachin Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Supplementary affidavit filed by learned counsel for the applicant is taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the record.

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The instant anticipatory bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No. 51 of 2023 under Sections 419, 420, 504, 506 I.P.C., Police Station- Mahmoodabad, District- Sitapur.

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Learned counsel for the applicant submits that the applicant was falsely implicated in the present case as the applicant was employee in the company in question. He further submits that as per the prosecution case, the money was invested in the company by the informant, but there is no specific allegation that the applicant was cheating the informant of the present case. He next submits that all the alleged offenses are punishable upto seven years and co-accused, namely, Mahesh Shukla has already been enlarged on anticipatory bail vide order dated 02.09.2024 passed by this Court in Crl. Misc. Bail Application u/s 438 Cr.P.C. No. 1987 of 2024. He also submits that the applicant is ready to cooperate in the trial.

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Learned counsel for the applicant places reliance on the decisions of Hon'ble Apex Court passed in the cases of Sushila Aggarwal And Other Vs. State (NCT of Delhi) And Another reported in (2020) 5 SCC 1 and Siddarth vs. State of U.P. & Anr. reported in 2021 SCC OnLine SC 615 and submits that the applicant is entitled for anticipatory bail.

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Learned A.G.A. vehemently opposes the prayer for bail and submits that after detailed investigation, charge-sheet has

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already been submitted. However, he does not dispute the fact that the alleged offenses are punishable upto 7 years and coaccused, namely, Mahesh Shukla has already been enlarged on anticipatory bail.

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Considering the submissions of learned counsel for the parties and going through the contents of the anticipatory bail application, F.I.R., charge-sheet as well as other relevant documents, it is evident that the alleged offenses are punishable upto 7 years and co-accused, namely, Mahesh Shukla has already been enlarged on anticipatory bail. Therefore, the applicant is entitled for anticipatory bail. In case the applicant is taken into custody by Investigating Officer/Investigating Agency, then he shall be released forthwith on anticipatory bail after taking personal bond of Rs. 50,000/- and two sureties each in the like amount with the following conditions:-

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(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) 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) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Subject to above, the anticipatory bail application is allowed .

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Order Date :- 7.1.2025 Arpan

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

Pradeep Kumar v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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Pradeep Kumar v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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