Radheyshyam @ Radheshyam Chaubey Vs State of U.P. Thru. Prin. Ecy. Home and Another

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Neutral Citation No. - 2025:AHC-LKO:48296

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Court No. - 13

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 40 of 2025

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Applicant :- Radheyshyam @ Radheshyam Chaubey Opposite Party :- State Of U.P. Thru. Prin. Ecy. Home And Another

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Counsel for Applicant :- Shobh Nath Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Case called out. Nobody is present on behalf of the applicant to press the application nor any request for adjournment of the case is made.

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The applicant was granted interim anticipatory bail by the following order dated 20.01.2025 :-

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"Heard learned counsel for the applicant, learned A.G.A. 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.57 of 2021 under Sections 406 and 420 of I.P.C. P.S. Pura Kalandar DistrictAyodhya.

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The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant is neither the vendor, vendee nor the marginal witness and only on the basis of allegation of being mediator of the alleged sale deed, he has been implicated in the instant matter though, there is no cogent piece of evidence against the applicant. Adding his arguments, he submits that the vendor and the other parties have already entered into a compromise deed and the matter has been settled in between the parties and thus, allowing the criminal proceedings against the applicant would amount to harassment of him. He further submitted that identically situated co-accused Amit Kumar Pandey has already been granted bail by this Court in Criminal Misc. Anticipatory Bail Application No.438 Cr.p.C. No.2642 of 2024. He also submits that there is apprehension that the applicant will be arrested by the police thus, submission is that the the applicant may be granted anticipatory bail. Learned A.G.A. appearing for the State submits that the applicant is involved in committing offence and chargesheet has been filed against the applicant as such, he is not entitled for any relief, but he could not dispute the fact with respect to the compromise deed which was entered into the parties as is recorded in the order dated 24.10.2024 while granting the bail to the co-accused.

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Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court find it to be a fit case of interim anticipatory bail.

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Till the next date of listing, the present applicant Radheyshyam shall be released forthwith in the aforesaid case crime (supra) on an interim

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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; (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. Issue notice to the opposite party no.2, returnable at an early date. Steps be taken within one week.

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

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In the meantime, the opposite parties shall file their counter affidavit. "

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The State has filed a counter affidavit annexing therewith the material collected during investigation and a copy of the charge sheet.

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Learned A.G.A. did not point out any violation of the conditions of interim anticipatory bail committed by the applicant. Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant.

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In view of above, the interim order dated 20.01.2025 is made absolute and the anticipatory bail application is allowed in terms of the order dated 20.01.2025.

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[Subhash Vidyarthi, J.]

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Order Date :- 18.8.2025 -Amit K-

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

Radheyshyam @ Radheshyam Chaubey v. State of U.P. Thru. Prin. Ecy. Home and Another

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Radheyshyam @ Radheshyam Chaubey v. State of U.P. Thru. Prin. Ecy. Home and Another

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