Prem Chandra Pandey Vs State of U.P. Thru. Prin. Secy. Home and Another

Neutral Citation No. - 2025:AHC-LKO:41941

Court No. - 14

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 351 of 2025

Applicant :- Prem Chandra Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Anil Kumar Tiwari,Ayush Mishra,Ujjawal Tewari

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Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present application under Section 438 Cr.P.C./482 B.N.S.S. has been filed seeking anticipatory bail in F.I.R./Case Crime No. 563 of 2020 under Sections 419, 420, 467, 468, 471, 409, 506 and 120-B IPC, P.S. Kotwali Nagar, District Ayodhya.

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The Co-ordinate Bench of this Court vide order dated 2.4.2025 has passed the following order:-

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

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2. This first anticipatory bail application has been filed with regard to Case Crime No.563 of 2020 under Sections 419, 420, 467, 468, 471, 409, 506 and 120-B IPC, P.S. Kotwali Nagar, District Ayodhya.

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3. As per contents of First Information Report, it has been alleged that the applicant alongwith co-accused have duped the informant of their money by inducing them to invest in a Company established in the name of Anibulian Traders Company.

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4. It is submitted that applicant has been falsely implicated in the charges levelled against him and that he was merely an agent in the aforesaid Company with one Ajit Kumar Gupta and his wife Niharika Singh being the Director of the Company. It is submitted that earlier charge-sheet was filed against the applicant under Section 506 IPC but upon the matter being transferred to EOW.

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5. It is submitted that the applicant is fully cooperating in the investigation. The previous criminal history of one case has already been explained in the affidavit filed in support of application.

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6. Learned AGA appearing on behalf of State opposed the prayer for anticipatory bail application but does not dispute the aforesaid aspects.

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7. Considering the aforesaid facts and circumstances of the case,

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till the next date of listing, the present applicant- Prem Chandra Pandey shall be released forthwith, in case of his arrest in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing 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 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 in case charge-sheet 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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8. Issue notice to opposite party no. 2, returnable at an early date.

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9. List this case on 21.04.2025 in the top ten cases alongwith service report.

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10. Objections may be filed in the meantime."

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Learned counsel for the applicant submits that the applicant has been released on interim anticipatory bail after filing of the personal bonds and two sureties in terms of the interim order dated 2.4.2025 passed by the Court. He has duly cooperated in the investigation. He has not misused the liberty of interim anticipatory bail granted by this Court. He undertakes to further cooperate in the investigation as well as in the trial and in case, he is enlarged on anticipatory bail, he shall not misuse the liberty of same.

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Learned A.G.A. opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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Without expressing any opinion on the merits of the case and considering the nature of accusation so also the fact that the applicant has duly complied the interim order dated 2.4.2025

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passed by the Court, the alleged offences are triable by a Magistrate coupled with the undertaking given by the applicant that he will further cooperate in the investigation as well as in the trial, the interim protection granted by a coordinate bench of this Court vide order dated 2.4.2025 is made absolute.

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In view of the aforesaid, the anticipatory bail application is allowed .

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Order Date :- 22.7.2025 Shravan

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

Prem Chandra Pandey v. State of U.P. Thru. Prin. Secy. Home and Another

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Prem Chandra Pandey v. State of U.P. Thru. Prin. Secy. Home and Another

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