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

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2728 of 2024

Naseem And Another

.....Applicant(s) Versus State Of U.P. Thru. Addl. Prin. Secy. Home Deptt. Lko And Another .....Opposite Party(s) Counsel for Applicant(s) : Dheerendra Kumar Singh, Harish Tripathi, Indra Jeet Singh Counsel for Opposite Party(s) : G.A.

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Court No. - 13

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HON'BLE SUBHASH VIDYARTHI, J.

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Heard Shri Rajnish Pathak, learned counsel for the applicants and Shri Mayank Sinha, learned A.G.A. for the State.

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The applicants were granted interim anticipatory bail by means of the following order passed by the Co-ordinate Bench of this Court on 12.12.2024:

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"Heard learned counsel for the applicants, learned AGA for the State and perused the record.

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The instant anticipatory bail application has been filed on behalf of the applicants with the prayer to release them on anticipatory bail in Case Crime No.20 of 2023, under Sections 420, 120B, 406 I.P.C., Police Station Gola, District Lakhimpur Kheri.

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Contention of learned counsel for the applicant is that the applicants are innocent and they have falsely been implicated in the present case. He further submits that false allegation is levelled that the applicants, for settlement of the offence, have taken some amount but there is no cogent piece of evidence thereof. The applicants have no previous criminal history and they are law abiding citizen and they have acute apprehension of being arrested by the police, as such, they may be granted anticipatory bail which they will not misuse.

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On the other hand, learned AGA appearing for the State has opposed the

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ABAIL No. 2728 of 2024

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contentions aforesaid and submitted that the applicants are involved in committing the offence and , as such, they are not entitled to any relief.

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Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court find it to be a fit case of anticipatory bail.

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Till the next date of listing, the present applicants Naseem and Kayum shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on their furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) that the applicants shall make themselves available for interrogation by a police officer as and when required;

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(ii) that the applicants 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 applicants shall not leave India without the previous permission of the court;

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(iv) that in case charge sheet is submitted the applicants shall not tamper with the evidence during the trial;

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(v) that the applicants shall not pressurize/ intimidate the prosecution witness;

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(vi) that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;

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(vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

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Let notice be issued to the opposite party no.2 returnable at an early date.

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Steps be taken within one week.

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List/put up this matter in third week of January 2025.

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In the meantime, learned counsel for the opposite parties shall file their counter affidavits."

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The State has filed a counter affidavit annexing therewith

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ABAIL No. 2728 of 2024

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copies of materials collected during the investigation and a copy of the charge sheet.

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The learned A.G.A. does not allege violation of any condition of interim anticipatory bail granted to the applicants.

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Keeping in view of the aforesaid facts and circumstances, there is nothing which may persuade this Court from taking a different view than the one taken by the Co-ordinate Bench of this Court while granting interim anticipatory bail to the applicants.

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Accordingly, interim order dated 12.12.2024 is made absolute. The anticipatory bail application is allowed in terms of the aforesaid order.

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September 18, 2025 S. Shivhare

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(Subhash Vidyarthi,J.)

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

Naseem and Another v. State of U.P. Thru. Addl. Prin. Secy. Home Deptt. Lko and Another

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Naseem and Another v. State of U.P. Thru. Addl. Prin. Secy. Home Deptt. Lko and Another

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