Munendra vs State of U.P. Thru. 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. - 2757 of 2024

Munendra

.....Applicant(s) Versus State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another .....Opposite Party(s) Counsel for Applicant(s) : Rahul Mishra, Sandeep Kumar 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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Case called out. Nobody appears on behalf of the applicant to press the instant application. Smt. Shikha Sinha, the 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 on 02.01.2025 by a Coordinate Bench of this Court:

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

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2. The present application under Section 438 of Cr.P.C. has been filed for anticipatory bail in Case Crime No.404 of 2024, under Sections 318(4), 338, 340(2), 336 (3) B.N.S., Police Station Ghazipur, District - Lucknow.

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3. Learned counsel for the applicant has submitted that applicant is innocent and has falsely been implicated in the instant matter with ulterior motive. He has further submitted that he is an student and he never committed such offence. He has further submitted that co-accused, having identical case, has already been enlarged on interim anticipatory bail by co-ordinate bench of this Court vide order dated 6.11.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.122 of 2024. 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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4. On the other hand, learned A.G.A. appearing for the State has opposed the submissions aforesaid and submitted that there is ample evidence to show the

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ABAIL No. 2757 of 2024

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2

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complicity of the applicant in the alleged crime and therefore, he is not entitled for any relief.

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5. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Munendra 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 accused-applicant shall cooperate with the trial.

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(ii) That the accused-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; and

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(iii) That the accused-applicant shall not leave India without the previous permission of the Court.

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6. List this case on 4.2.2025 alongwith Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.122 of 2024.

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7. In the meantime, learned A.G.A. may file counter affidavit."

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The Sate has filed a counter affidavit opposing the anticipatory bail but there is no allegation of misuse of the liberty of granting interim anticipatory bail to the applicant.

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In these circumstances, this Court finds no good ground to take a view different from the view taken by a Coordinate bench of this Court on 02.01.2025 granting anticipatory bail to the applicant.

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In view of above, the interim order dated 02.01.2025 is made absolute and the anticipatory bail application is allowed.

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(Subhash Vidyarthi,J.)

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September 17, 2025 Preeti

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

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

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

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