Shures Varma Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Neutral Citation No. - 2025:AHC-LKO:9896

Court No. - 15

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2835 of 2024

Applicant :- Shures Varma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Abhinav Pankaj,Adesh Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

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Instant application has been filed with the prayer to enlarge the accused-applicant on anticipatory bail in Case Crime No.0099 of 2023, under sections 323, 504, 506, 307 of the I.P.C., Police Station-Patti, District-Pratapgarh.

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Contention of learned counsel for the applicant is innocent and falsely been implicated. He added that though the applicant is named in the first information report, but, no specific role has been assigned to him. He next added that the injured persons have not named the applicant and infact the applicant was not present on the spot. Next submission is that the other co-accused persons have already been enlarged on regular bail and the chargesheeet has been filed and it is not the case that the applicant has ever absconded from the investigation proceedings. He added that the applicant has no previous criminal history and he is a law abiding citizen and due to anonymity, his name has been placed in the first information report.

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Adding his arguments, he submits that the

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applicant will always cooperate in the trial proceedings and there is an apprehension that the police will arrest him and as such, submission is that the applicant may be enlarged on anticipatory bail.

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Per contra, learned A.G.A. appearing for the State has opposed the contentions aforesaid and submits that the applicant is named in the first information report and there are as many as three injured persons and they have received serious injuries and after thorough investigation, it was found that the applicant is involved in committing the offence and as such, he is not entitled for any relief.

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Having considered the submissions of learned counsel for the parties and after perusal of material placed on record, it transpires that though the applicant is named in the first information report, but, the general allegations have been levelled against all the accused persons including the present applicant and the injured persons have not named the applicant and no specific allegation is made against him.

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This court has also noticed that the chargesheet has been filed and there is no instruction of the State that the applicant has ever absconded from the investigation proceedings. Further there is no previous criminal history of the applicant and he has undertaken that he will always cooperate in the trial proceedings

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In view of the aforesaid, this court finds it a fit case for grant of anticipatory bail and therefore, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Shures Varma till disposal of the trial subject to the following conditions:-

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(i) that the applicant shall make himself available

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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 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 applicant shall not leave India without the previous permission of the court;

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(iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and

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

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In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection.

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Order Date :- 14.2.2025 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Shures Varma v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Shures Varma v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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