Shiv Kumar Pandey vs State of U.P. Thru. Secy. Home Lko. and Another

Neutral Citation No. - 2025:AHC-LKO:29853

Court No. - 13

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 292 of 2025

Applicant :- Shiv Kumar Pandey Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Anjani Kumar Dvivedi,Sunil Dixit Counsel for Opposite Party :- G.A.

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Hon'ble Manish Mathur,J.

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Heard learned counsel for applicant and learned A.G.A. for State- opposite party No.1. No one has put in appearance on behalf of opposite party No.2.

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Earlier vide order dated 11th March, 2025 interim anticipatory bail had been granted to the applicant which is as follows:-

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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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The instant application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 444 of 2016, under Sections 380 & 457 of the I.P.C., Police Station-Kadipur, DistrictSultanpur.

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Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been planted by the police. He added that the first information report was lodged in the year 2016, whereafter the investigation was conducted and the final report was submitted in the year 2019, and after two years i.e. on 01-03-2021, further investigation started and chargesheet has not been filed as yet, rather one of the Naib Tehsildar, has been sent to jail. He next added that the applicant has retired in the year 2023 and no departmental enquiry has ever been instituted against him and the guilty persons i.e. the police officials were found involved in committing the offence and therefore, they were punished. He submits that the applicant is a retired employee and he will cooperate in the investigation proceedings further, if required, and he has no previous criminal history and there is an apprehension that the police will arrest the applicant and as such, submission is that he may be enlarged on anticipatory bail.

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Per contra, learned State counsel has opposed the contentions aforesaid and submits that there are serious allegations against the applicant and as such, he is not entitled for any relief.

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Considering the submissions of learned counsel for the parties and after perusal of the record, it transpires that the applicant is a retired person and no departmental enquiry has ever been instituted against him;there is no previouojs criminal history of the applicant;the police officials were found involved in committing the offence and therefore, they were punished and the applicant has undertaken that he will always cooperate

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with the investigation proceedings and would never abscond from the same, thus this Court finds it to be a fit case for grant of interim anticipatory bail.

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Accordingly, till the next date of listing, the present applicant-Shiv Kumar Pandey, shall be released forthwith, in case of his arrest, in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing a 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 them 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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Let notice be issued to opposite party no. 2 returnable at an early date.

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Steps be taken within a week.

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If the steps are taken, the office shall proceed accordingly.

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List/put up this matter in the Third Week of April,2025.

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In the meantime, learned counsel for the State as well as opposite party no. 2 shall file their Counter Affidavits.

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The applicant is directed to appear before the Investigating Officer on 1903-2025 at 02.00 P.M., failing which, the Investigating Officer shall inform this court while filing the Counter Affidavit that the applicant has cooperated in the investigation proceedings or not."

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In pursuance thereof, learned A.G.A. on the basis of instructions submits that charge sheet had earlier been filed and there is nothing adverse that the applicant did not cooperate in the investigation.

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From the instructions received, it is evident that there is no

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situational change from the date when anticipatory bail was granted to the applicant considering the aspects as indicated therein.

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In view thereof, interim anticipatory bail granted earlier to the applicant vide order dated 11th March, 2025 is hereby made absolute.

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In view of the above, it is provided that in the event of arrest, the applicant- Shiv Kumar Pandey shall be released on anticipatory bail in Case Crime No. 444 of 2016, under Sections 380 & 457 of the I.P.C., Police Station-Kadipur, District-Sultanpur 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:-

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(i) 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 tamper with the evidence;

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(ii) The applicant shall not leave India without the previous permission of the court;

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(iii)The applicant shall not pressurize/ intimidate the prosecution witness;

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

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(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;

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Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.

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The application stands allowed.

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Order Date :- 20.5.2025 prabhat

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

Shiv Kumar Pandey v. State of U.P. Thru. Secy. Home Lko. and Another

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Shiv Kumar Pandey v. State of U.P. Thru. Secy. Home Lko. and Another

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