Allowed¶24

Awadhesh @ Awadhesh Kumar v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Allahabad HC24 Jul 2025ABAIL/2737/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438 Cr.P.C.; Complaint Case No. 5302 of 2016; Sections 147, 323, 504, 506, 436, 427 IPC; P.S. Dhaurahra; District Kheri; interim protection dated 13.12.2024 made absolute; no misuse of bail liberty; undertaking to cooperate in trial; Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC OnLine SC 98 relied upon; no opinion on merits; application allowed; Neutral Citation 2025:AHC-LKO:42668.

What did the court decide?

Anticipatory bail application allowed; interim protection granted vide order dated 13.12.2024 (release on personal bond and two solvent sureties, subject to the conditions therein) made absolute. ¶24

Awadhesh @ Awadhesh Kumar Vs State of U.P. Thru. Secy… — Anticipatory Bail | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:42668

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2737 of 2024 Applicant :- Awadhesh @ Awadhesh Kumar 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 Karunesh Singh Pawar,J.

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The present application has been filed by the applicant seeking 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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This Court while granting interim protection vide order dated 13.12.2024 has passed the following order:-

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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 DistrictKheri.

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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 32 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 date of listing, the present applicant- Awadhesh alias Awadhesh Kumar 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

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disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (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. 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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Learned counsel for the applicant submits that in compliance of the order referred to above, the applicant has furnished the required bonds and has been granted interim anticipatory bail. It is further submitted that the applicant has not misused the liberty granted by this Court vide order dated 13.12.2024. Counsel for the applicant also undertakes that the applicant shall cooperate in the trial proceedings.

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

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Having considered the fact that the applicant has not misused the liberty granted vide order dated 13.12.2024 and in view of the undertaking to cooperate in the trial, as well as the principles laid down by the Hon’ble Supreme Court in Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC OnLine SC 98 , and without expressing any opinion on the merits of the case, this Court is of the view that the interim protection granted earlier is liable to be, and is hereby, made absolute.

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The application is allowed accordingly.

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Order Date :- 24.7.2025/R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Awadhesh @ Awadhesh Kumar v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

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Awadhesh @ Awadhesh Kumar v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

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