Abhishek Yadav Alias Bachha Yadav Vs State of U.P. Thru… — Anticipatory Bail | Allahabad HC (2025)

Abhishek Yadav Alias Bachha Yadav Vs State of U.P. Thru… — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail in Case Crime No. 396 of 2019: in the event of arrest, release on personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O., subject to conditions that the applicant cooperate in the investigation and not influence witnesses; remain present as and when called by the arresting officer/I.O./S.H.O.; not leave India without previous permission of the Court; and that in case of default the investigating agency may move an application for vacation of the protection.

Issue for consideration

Whether the applicant should be released on anticipatory bail in Case Crime No. 396 of 2019. +1 more

Court's answer

Without expressing any opinion on the merits of the case, the court held that the liberty of the applicant may be protected in view of the dictum of the Apex Court in Sushila Aggarwal Vs. State (NCT of Delhi), 2020 SCC online SC 98.

Ratio / Principle

Since the criminal history has been explained and the applicant is cooperating in the investigation (with co-accused already enlarged on regular bail), the earlier interim protection granted on 20th December, 2024 is made absolute and the liberty of the applicant is protected.

Key takeaways

In the event of arrest, the applicant is to be released on anticipatory bail in the aforesaid case crime number on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned, subject to four conditions (cooperation and no influencing of witnesses; presence when called for investigation/interrogation; no leaving India without previous permission of the Court; on default, the agency may seek vacation of the protection).ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Manish Mathur, J.), by order dated 1.4.2025 in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 2809 of 2024 (Neutral Citation 2025:AHC-LKO:17969), allowed the anticipatory bail application of Abhishek Yadav alias Bachha Yadav in Case Crime No. 396 of 2019 (Sections 419, 420, 467, 468, 471, 34 I.P.C. and 66 I.T. Act, P.S. Jethwara, District Pratapgarh). The interim protection granted on 20th December, 2024 was made absolute because the applicant was cooperating in the investigation, his criminal history had been explained, and the remaining accused had already been enlarged on regular bail by the trial court. Without expressing any opinion on merits, the court protected the applicant's liberty in view of the Apex Court's dictum in Sushila Aggarwal Vs. State (NCT of Delhi), 2020 SCC online SC 98, directing release on arrest on a personal bond with two sureties each in the like amount, subject to conditions of cooperation, attendance when called, non-departure from India without permission, and liability to vacate the protection on default.

Neutral Citation No. - 2025:AHC-LKO:17969

Court No. - 13

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2809 of 2024

Applicant :- Abhishek Yadav Alias Bachha Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Rajnish Ojha Counsel for Opposite Party :- G.A.

Hon'ble Manish Mathur,J.

Heard learned counsel for applicant and learned A.G.A. for opposite party.

Earlier on 20th December, 2024 following order had been passed:-

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

The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No.396 of 2019, under Sections 419, 420, 467, 468, 471, 34 I.p.C. & 66 I.T. Act, Police Station Jethwara District Pratapgarh.

Learned counsel for the applicant submits that the matter pertains to 2019 and the applicant is co-operating in the investigation proceedings and rest of the accused have already been enlarged on regular bail by the trial court on regular bail application. He further submits that there is no complaint with respect to non-co-operation of the applicant with the investigation proceedings or with respect to tampering of evidence, and there is a case criminal history of the applicant which has been explained in para 20 of the instant application. He further added that the applicant is a law abiding citizen and he has acute apprehension of being arrested by the police, as such, he may be granted anticipatory bail which he will not misuse.

On the other hand, learned counsel for the State submits that he has no instructions, as such, he will seek instructions in the matter within one week.

List/put up this matter on 2nd of January 2025 within top ten cases.

It is provided that the applicant shall not be arrested by the police till the next date of listing."

Learned A.G.A. on the basis of instructions received submits that now applicant is cooperating in investigation pertaining to the aforesaid case crime number. As indicated earlier, coaccused have already been enlarged on regular bail as indicated in the order dated 20th December, 2024. In view of the fact that

criminal history has been explained and the applicant is cooperating in investigation, the earlier interim protection granted to applicant is made absolute.

Without expressing any opinion on the merits of the case, I am of the opinion that the that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi) -2020 SCC online SC 98.

In view of the above, it is provided that in the event of arrest, the applicant- Abhishek Yadav Alias Bachha Yadav shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:-

(1) The applicant shall cooperate in the investigation and he will not influence the witnesses.

(2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation.

(3) The applicant shall not leave India without previous permission of the Court.

(4) In case of default, it would be open for the investigating agency to move application for vacation of this protection.

The application stands allowed.

Order Date :- 1.4.2025 prabhat

Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench