Raghvendra @ Raghvendra Yadav vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:124876

Court No. - 70

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2194 of 2024

Applicant :- Raghvendra @ Raghvendra Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Prabodh Dubey Counsel for Opposite Party :- G.A.,Lalji Yadav,Yashpal Yadav

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Hon'ble Dr. Gautam Chowdhary,J.

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List revised. None appears on behalf of informant.

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

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The present application has been moved seeking anticipatory bail in Case Crime no. 0353 of 2023, under Sections 420, 406, 506 I.P.C., Police Station Aiims, District Gorakhpur, with the prayer that in the event of arrest, applicant may be released on anticipatory bail.

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Learned counsel for the applicant submits that vide order dated 07.03.2024 the applicant was granted interim anticipatory bail till the next date of listing.

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When this Court asked for status of the present case as to whether applicant is cooperating with the investigation or whether charge sheet has been filed in the matter, the learned A.G.A. for the State was not in a position to say anything about the same.

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In view of above, learned counsel for the applicant submits that since charge sheet has not been filed in the matter as yet, therefore, there is an apprehension that the applicant may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It was also submitted that applicant undertakes to cooperate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

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Learned A.G.A. has opposed the application for anticipatory bail.

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It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 , it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

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In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out.

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The anticipatory bail application is allowed.

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In the event of arrest of the applicant- Raghvendra @ Raghvendra Yadav, involved in the aforesaid case crime shall be released on anticipatory bail till submission of police report on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions :-

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

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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/her/them from disclosing such facts to the Court or to any police officer;

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(iii) the applicant would co-operate during investigation and trial and would not misuse the liberty of bail.

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In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Order Date :- 28.7.2025 Mustaqeem.

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Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Raghvendra @ Raghvendra Yadav v. State of U.P. and Another

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