Shila Jeet Dubey vs State of U.P. Thru. Prin. Secy. Home Sectt. Lko and Another

Neutral Citation No. - 2025:AHC-LKO:30257

Court No. - 13

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 328 of 2025 Applicant :- Shila Jeet Dubey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Sectt. Lko And Another Counsel for Applicant :- Anjani Kumar Dvivedi,Sunil Dixit Counsel for Opposite Party :- G.A.

¶4

Hon'ble Manish Mathur,J.

¶5

Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State and perused the record.

¶6

As per report dated 11.04.2025 submitted by Chief Judicial Magistrate, Sultanpur, opposite party no.2 has been duly served but no one has put in appearance on his behalf.

¶7

Earlier vide order dated 12.03.2025, interim anticipatory bail had been granted to applicant, which is as follows:-

¶8

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

¶9

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, District-Sultanpur.

¶10

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 2020 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.

¶11

Per contra, learned State counsel has opposed the contentions aforesaid and submits that there are serious

¶12

allegations against the applicant and as such, he is not entitled for any relief.

¶13

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 previous 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 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.

¶14

Accordingly, till the next date of listing, the present applicant- Shila Jeet Dubey 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:-

¶15

(i) that the applicant shall make himself available for interrogation by a police officer as and when required;

¶16

(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;

¶17

(iii) that the applicant shall not leave India without the previous permission of the court;

¶18

(iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial;

¶19

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

¶20

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

¶21

(vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

¶22

Let notice be issued to opposite party no. 2, returnable at an early date.

¶23

Steps be taken within a week.

¶24

If steps are taken, office shall proceed accordingly.

¶25

List/put up this matter in third week of April, 2025.

¶26

In the meantime, the State as well as opposite party no. 2 may file their counter affidavits.

¶27

The applicant is directed to appear before the Investigating Officer on 21-03-2025 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."

¶28

Learned AGA on the basis of instruction submits that investigation is still ongoing and there is nothing adverse regarding applicant's cooperation in the same. There is no situational change indicated from the date when interim anticipatory was granted to applicant.

¶29

In view thereof, interim anticipatory bail granted earlier to applicant vide order dated 12.03.2025 is hereby made absolute.

¶30

In view of aforesaid, the present anticipatory bail application is hereby disposed of while extending anticipatory bail to the applicant - Shila Jeet Dubey till filing of police report u/s 173(2) Cr.P.C./193 BNSS with the following conditions:-

¶31

(i) That the accused-applicant shall make himself/herself available for interrogation by police authorities as and when required and will cooperate with the investigation;

¶32

(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/her from disclosing such facts to the court or to any police officer or tamper with the evidence;

¶33

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

¶34

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

¶35

Order Date : - 21.5.2025 Subodh/-

¶36

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

Shila Jeet Dubey v. State of U.P. Thru. Prin. Secy. Home Sectt. Lko and Another

Case brief

What is this about?

What did the court decide?

Shila Jeet Dubey v. State of U.P. Thru. Prin. Secy. Home Sectt. Lko and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Jameel Ahmad Vs State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko and 7 Others

Kushendra Kumar Singh Vs State of U.P. Thru. Addl. Chief Secy. Deptt. Revenue Lko. and 3 Others

Sri Bhagwan Singh vs State of U.P. Thru. Prin. Secy. Stamp Registration Lko and 4 Others

Mangla Devi Smarak Polytechnic College Thru. Its Authorized Signatory Mr. Samar Abbas Vs State of U.P. Thru. Its Addl. Chief Secy. Deptt. of Technical Education and 2 Others

Chandrapal and 4 Others Vs Board of Revenue U.P. Lko. Thru. Chairman and 4 Others

Mohan Vs Upziladhikari Utraula Distt. Balrampur and 5 Others