Rahul Singh vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

Rahul Singh vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim anticipatory bail granted till the next date of listing fixed for hearing, upon furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount and subject to seven enumerated conduct conditions; final decision deferred pending counter affidavit (three weeks), rejoinder (two weeks thereafter) and relisting after five weeks.

Issue for consideration

Whether anticipatory bail under Section 438 Cr.P.C. should be granted to applicant Rahul Singh in respect of Complaint Case No. 119 of 2024 (Sections 392, 323, 506 I.P.C., Police Station Kotwali Orai, District Jaluan), given his stated apprehension of arrest by the police.

Court's answer

As an interim protection, till the next date of listing fixed for hearing on this application, the applicant is granted anticipatory bail in the aforesaid case crime number/complaint case.

Ratio / Principle

Release on interim anticipatory bail ordered upon furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned.

Key takeaways

Interim anticipatory bail subject to imposed conditions: applicant to make himself available on dates fixed by the Trial Court; not to directly or indirectly make any inducement, threat or promise to dissuade disclosure of facts; not to leave India without previous permission of the Court and to deposit any passport with the S.S.P./S.P./C.P./A.C.P. concerned; not to tamper with evidence during trial; not to pressurize/intimidate prosecution witnesses; to appear before the trial court on each fixed date unless exempted; and to file an affidavit at the next listing confirming attendance before the trial court on each fixed date.ratio¶15
Learned counsel for the informant granted three weeks' time to file counter affidavit; rejoinder affidavit, if any, may be filed within two weeks thereafter.ratio¶9

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Court No. 70), single-member bench of Hon'ble Deepak Verma, J. — Order dated 13.2.2025 on Criminal Misc Anticipatory Bail Application U/S 438 Cr.P.C. No. 335 of 2025 (Rahul Singh v. State of U.P.). INTERIM ANTICIPATORY BAIL GRANTED PENDING FINAL HEARING: applicant granted anticipatory bail, as interim protection till the next date of listing, in Complaint Case No. 119 of 2024 under Sections 392, 323, 506 I.P.C., Police Station Kotwali Orai, District Jaluan, trial pending. Release upon personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to seven conditions: availability on Trial Court-fixed dates; no inducement/threat/promise to dissuade disclosure; no leaving India without previous permission (passport deposit with S.S.P./S.P./C.P./A.C.P.); no tampering with evidence; no pressurizing/intimidating prosecution witnesses; attendance before trial court on each fixed date unless exempted; affidavit of such attendance to be filed at next listing. Informant's counsel allotted three weeks for counter affidavit, rejoinder within two weeks thereafter; case to be relisted after five weeks; final decision on the bail petition deferred. AGA/counsel for informant opposed the prayer contending prima facie case made out; counsel for applicant asserted innocence, false implication, absence of supporting material evidence and lack of judicial mind in summoning. No precedents cited in the order.

Court No. - 70

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 335 of 2025

Applicant :- Rahul Singh Opposite Party :- State of U.P. Counsel for Applicant :- Salman Ahmad Counsel for Opposite Party :- Avdhesh Narayan Tiwari,G.A.

Hon'ble Deepak Verma,J.

Heard Sri Salman Ahmad, learned counsel for the applicant, learned counsel for the informant, learned A.G.A for the State and perused the record.

The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in Complaint Case No. 119 of 2024, under Sections 392, 323, 506 I.P.C, Police Station- Kotwali Orai, District- Jaluan, during the pendency of trial.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Instant complaint is not supported by any material evidence. Summoning by learned Magistrate is without applicant of judicial mind. In case, applicant is granted anticipatory bail, he would not misuse the liberty of bail and would co-operate with the investigation. Applicant has definite apprehension of his arrest by the police.

Learned AGA and learned counsel for the informant vehemently opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out.

Learned counsel for the informant is granted three week's time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List this case after five weeks.

As an interim protection, till the next date of listing fixed for hearing on this application, the applicant is granted anticipatory bail in the aforesaid case crime number/ complaint case. The applicant shall be released on interim anticipatory bail on

furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall make himself available on the dates fixed by the Trial Court;

(ii) 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 from disclosing such facts to the Court or to any police officer;

(iii) The applicant shall not leave India without the previous permission of the Court and if applicant has passport, the same shall be deposited before the S.S.P./S.P./C.P./A.C.P concerned.

(iv) The applicant shall not tamper with the evidence during the trial.

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

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

(vii) The applicant on the next date of listing, shall file an affidavit that he appeared before the trial court on each date fixed.

Order Date :- 13.2.2025 Aditya

Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad