Jag Jeevan Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Neutral Citation No. - 2025:AHC-LKO:23281

Court No. - 15

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 154 of 2025

Applicant :- Jag Jeevan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Shishir Pradhan Counsel for Opposite Party :- G.A.

¶5

Hon'ble Subhash Vidyarthi,J.

¶6

Heard the learned counsel for the applicant, the learned AGA for the State and perused the records.

¶7

On 04.02.2025 the applicant was granted interim anticipatory bail by this court by means of following order:-

¶8

"1.Heard Shri Shishir Pradhan, learned counsel for the applicant and Shri Ashok Kumar Singh, learned Additional Government Advocate for the State.

¶9

2. Issue notice to opposite party no.2 returnable at an early date, for which, necessary steps be taken within a week.

¶10

3. Office to proceed accordingly.

¶11

4. As per learned counsel for the applicant, the present applicant (Jag Jeevan) is apprehending his arrest in Complaint Case No.1506 of 2023, under Sections 294, 376 & 506 IPC, Police Station-Jagatpur, District-Raebareli.

¶12

5. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged in the First Information Report (in short F.I.R.).

¶13

6. Attention has been drawn towards the impugned FIR which has been filed on 22.06.2023 for the alleged incident dated 25.12.2022 without explaining the delay. Further attention has been drawn towards Annexure No.4 which is an F.I.R. being lodged by the real sister of the present applicant against the son of the informant bearing Case Crime No.0112 of 2023, under Sections 376, 504 & 506 I.P.C. and Section 3 (2) (v) of SC/ST Act, Police Station-Jagatpur, DistrictRaebareli. The aforesaid F.I.R. was lodged on 20.04.2023 and the charge-sheet has been filed on 29.05.2023 (Annexure No.5). After filing of the charge-sheet in the aforesaid case against the son of the complainant, she filed the impugned complaint on 22.06.2023 having ulterior motives and extraneous design in her mind. The present

¶14

applicant is having no prior criminal history of any kind whatsoever. The present applicant is having permanent address, therefore, there is no flight risk. He is ready to participate in the court proceedings pending before the learned trial court and till the next date of listing his liberty may be protected in the light of the dictum of the Apex Court in re; Sushila Aggarwal Vs. State (NCT of Delhi) 2020 SCC Online SC 98.

¶15

7. Learned Additional Government Advocate has opposed the aforesaid prayer of learned counsel for the applicant by submitting that he may be given some reasonable time to file counter affidavit.

¶16

8. Matter requires consideration.

¶17

9. Let counter affidavit be filed within a period of three weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.

¶18

10. List in the week commencing 03.03.2025 within top ten cases.

¶19

11. Till the next date of listing, it is directed that in the event of arrest, applicant (Jag Jeevan) shall be released on interim anticipatory bail in the aforesaid complaint case on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:-

¶20

(i) that the present applicant shall cooperate in the court proceedings properly, failing which, this interim protection may be withdrawn on the next date.

¶21

(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;

¶22

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

¶23

(iv) that in default of any of the conditions mentioned above, the prosecution shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant;

¶24

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

¶25

Although opportunity was afforded to the respondents but no counter affidavit has been filed. Learned A.G.A. did not point out any violation of the conditions of interim anticipatory bail committed by the applicant. Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant.

¶26

The learned counsel for the applicant states that the applicant has already

¶27

furnished bail bonds.

¶28

In view of above, the interim order dated 04.02.2025 is made absolute and the anticipatory bail application is allowed in terms of the order dated 04.02.2025.

¶29

(Subhash Vidyarthi, J.)

¶30

Order Date :- 23.4.2025 Pradeep/-

¶31

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

Jag Jeevan v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Jag Jeevan v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Ambuj Yadav Vs State of U.P. Thru. Prin. Secy. Home

Sunil Kumar Vs State of U.P. Thru. Prin. Secy. Home Lko.

Smt. Anarkali Vs State of U.P. Thru. Addl. Prin. Secy. Home Deptt. Lko. and Another

Asif Nasim Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Asif Nasim Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Asif Nasim Vs State of U.P. Thru. Prin. Secy. Home Lko and Another