Garibe vs the State of U.P. Thru. Prin. Secy. Home… — Anticipatory Bail | Allahabad HC (2025)

Garibe vs the State of U.P. Thru. Prin. Secy. Home… — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to applicant Garibe in FIR No.66 of 2024 till conclusion of trial, upon confirmation of the interim protection of 07.02.2025, subject to furnishing a personal bond with two fresh sureties of Rs.20,000/- each and the imposed conduct conditions.

Issue for consideration

Whether the applicant Garibe should be released on anticipatory bail under S.438 CR.P.C. in respect of FIR No.66 of 2024 (Sections 376, 354, 452, 506 IPC).

Court's answer

The interim protection granted to the applicant vide order dated 07.02.2025 is confirmed.

Ratio / Principle

In the event of arrest, the applicant Garibe is to be released on anticipatory bail in FIR No.66 of 2024 till conclusion of the trial.

Key takeaways

Release on anticipatory bail is conditioned on furnishing a personal bond with two fresh sureties of Rs.20,000/- each to the satisfaction of the Court concerned, together with undertakings to attend hearings, commit no similar offence, make no inducement, threat or promise to dissuade disclosure of facts or tamper with evidence, and not leave India without the previous permission of the Court.ratio¶9

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD (LUCKNOW), Court No. 12 — Hon'ble Pankaj Bhatia, J. CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 187 of 2025 (Garibe, Applicant v. The State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another), decided November 27, 2025: The interim protection granted vide order dated 07.02.2025 in respect of FIR No.66 of 2024 (Sections 376, 354, 452, 506 IPC, Police Station Motipur, District Bahraich) is confirmed; in the event of arrest the applicant Garibe is ordered to be released on anticipatory bail in the said FIR till conclusion of the trial, subject to furnishing a personal bond with two fresh sureties of Rs.20,000/- each to the satisfaction of the Court concerned, and subject to the conditions that the applicant shall execute a bond undertaking to attend hearings, shall not commit any offence similar to that accused or suspected, 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 police or tamper with the evidence, and shall not leave India without the previous permission of the Court.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 187 of 2025

Garibe

.....Applicant(s) Versus The State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Shiv Pal Singh, Ambrish Kumar Counsel for Opposite Party(s) : G.A., Lalu Prasad Bhatt, Rashmi Srivastava

Court No. - 12

HON'BLE PANKAJ BHATIA, J.

1. Heard learned Counsel for the applicant as well as learned A.G.A. and perused the record.

2. The applicant was granted interim protection vide order dated 07.02.2025 in relation to FIR No.66 of 2024, under Sections 376, 354, 452, 506 IPC, Police Station Motipur, District Bahraich.

3. Considering the aforesaid fact that the interim granted vide order dated 07.02.2025 is confirmed. In the event of arrest, let the applicant Garibe be released on anticipatory bail in the abovesaid first information report number till conclusion of the trial, subject to his furnishing a personal bond with two fresh sureties of Rs.20,000/- each to the satisfaction of Court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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.

ABAIL No. 187 of 2025

2

(d) The applicant shall not leave India without the previous permission of the Court.

4. The anticipatory bail application is allowed in above terms.

(Pankaj Bhatia,J.)

November 27, 2025

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