Allowed¶30

Shrikrishn v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Allahabad HC19 Aug 2025ABAIL/2735/2024

Case brief

AI extract

What is this about?

Keywords: anticipatory bail application; Section 438 Cr.P.C.; interim anticipatory bail; made absolute; Co-ordinate Bench order dated 13.12.2024; Complaint Case No. 5302 of 2016; Sections 147, 323, 504, 506, 436, 427 IPC; Police Station Dhaurahra; District Kheri; counter affidavit; statements under Sections 200 & 202 Cr.P.C.; no violation of bail conditions; bail bonds furnished; applicant Shrikrishn; A.G.A.-I Jayant Singh Tomar; Lucknow Bench; Court No. 13; Neutral Citation 2025:AHC-LKO:48703; Subhash Vidyarthi; decision date 19.8.2025.

What did the court decide?

Anticipatory bail granted; interim order dated 13.12.2024 made absolute — applicant continues on the interim-bail terms (personal bond and two solvent sureties each in the like amount, subject to the seven conditions imposed in that order). ¶30

Shrikrishn Vs State of U.P. Thru. Secy. Home Deptt. Lko… — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Court should confirm the interim anticipatory bail granted by the Co-ordinate Bench on 13.12.2024, i.e., allow the anticipatory bail application and make the interim order absolute. +1 more

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Court's answer

Keeping in view the facts and circumstances, there was nothing which could persuade this Court to take a view different from that taken by the Co-ordinate Bench in granting interim anticipatory bail to the applicant.

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Ratio / Principle

The anticipatory bail application is allowed, and the interim order dated 13.12.2024 is made absolute in terms of the aforesaid order.

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Detailed headnote1 paragraphs

CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. 2735 of 2024 (Neutral Citation 2025:AHC-LKO:48703), High Court of Judicature at Allahabad, Lucknow Bench, Court No. 13; Order Date 19.8.2025; Hon'ble Subhash Vidyarthi, J. Applicant Shrikrishn prayed for release on anticipatory bail in Complaint Case No. 5302 of 2016 under Sections 147, 323, 504, 506, 436, 427 of IPC, Police Station Dhaurahra, District Kheri. A Co-ordinate Bench had granted him interim anticipatory bail on 13.12.2024 on furnishing a personal bond and two solvent sureties each in the like amount, imposing seven conditions and issuing notice to opposite party no. 2. On review: the State's counter affidavit annexed statements recorded under Sections 200 and 202 Cr.P.C.; the complainant filed no counter affidavit; the applicant furnished bail bonds per the 13.12.2024 order; and the learned A.G.A.-I alleged no violation of any interim-bail condition. Finding nothing to persuade it to take a different view from the Co-ordinate Bench, the Court allowed the application and made the interim order dated 13.12.2024 absolute.

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Neutral Citation No. - 2025:AHC-LKO:48703

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Court No. - 13

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2735 of 2024

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Applicant :- Shrikrishn Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Vinay Kumar,Shrikant Tripathi,Touqeer Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Sandeep Kumar Ojha, Advocate holding brief of Shri Vinay Kumar, learned counsel for the applicant and Shri Jayant Singh Tomar, learned A.G.A.-I for the State.

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The applicant was granted interim anticipatory bail by means of the following order passed by the Co-ordinate Bench of this Court on 13.12.2024:

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"Heard learned counsel for the applicant, 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 applicant with the prayer to release him on anticipatory bail in Complaint Case No. 5302 of 2016, under Sections 147, 323, 504, 506, 436, 427 of IPC Police Station -Dhaurahra District- Kheri.

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The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter on the basis of the false and concocted story. He submits that issuance of summons was not in his knowledge and when he was intimated that some criminal proceedings is pending against, he is ready to cooperate with the criminal proceedings. He added that he is 56 years old person and there is no ample evidence against the applicant that he was involved in committing offence. He added that the applicant undertakes that he will cooperate with the investigation proceedings as well as in the trial proceedings and would never abscond from the same. He next added that there is acute apprehension that police will arrest him thus, submission is that the the applicant may be granted anticipatory bail.

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

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Considering the aforesaid facts and circumstances of the case, till the next

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date of listing, the present applicant- Shrikrishn shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his 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 applicant shall make himself available for interrogation by a police officer as and when required;

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(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 her from disclosing such facts to the court or to any police officer or tamper with the evidence;

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

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(iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial;

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

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(vi) that the applicant 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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Issue notice 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 State may file counter affidavit."

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The State has filed a counter affidavit annexing therewith copies the statements recorded under Section 200 and 202 Cr.P.C.

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The complainant has chosen not to file any counter affidavit.

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The learned counsel for the applicant has stated that the applicant has furnished bail bonds in terms of the order dated 13.12.2024.

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

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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 applicant.

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Accordingly, the anticipatory bail application is allowed. The interim order dated 13.12.2024 is made absolute in terms of the aforesaid order.

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Order Date :- 19.8.2025 S. Shivhare

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

Shrikrishn v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

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Shrikrishn v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Case brief

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Why is it important?

What the court decided

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