Deepesh Vs State of U.P. Thru. Addl. Chief Secy. Lko. and Another

Neutral Citation No. - 2025:AHC-LKO:44820

Court No. - 14

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 420 of 2025

Applicant :- Deepesh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Lko. And Another Counsel for Applicant :- Piyush Pathak,Virendra Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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As per the office report, the notices to the complainant are served. However, none appears on behalf of the complainant.

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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. 0106 of 2024 under Sections 457, 380, 411 I.PC., P.S. Dhammaur, District- Sultanpur.

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The Co-ordinate Bench of this Court vide order dated 22.4.2025 granting interim anticipatory bail to the applicant has passed the following order:-

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"1. Supplementary affidavit filed today is taken on record.

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2. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State.

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3. Issue notice notice to opposite party no.2.

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4. First bail application has been filed with regard to Case Crime No.0106 of 2024 under Sections 457, 380,411 I.PC., P.S. Dhammaur, District Sultanpur.

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5. As per contents of first information report, the incident is said to have taken place on 02.06.2024 at about 10:00 AM when certain electronic items and furniture were found missing from the Panchayat Bhawan. The First Information Report has been lodged against unknown persons.

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6. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated by the police in the instant matter. He submits that the applicant is not named in the first information report but there is apprehension of arrest to the applicant though, there is no cogent piece of evidence against him. It is submitted that previous criminal history of applicant has been explained in paragraphs-2 &3 of the supplementary affidavit filed in support of bail application. He next submits that the applicant has

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always cooperated with the investigation proceedings and undertakes that he would never abscond from the same. He also submits that there is acute apprehension that the applicant will be arrested by the police thus, submission is that the the applicant may be granted anticipatory bail.

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7. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is involved in committed offence, as such, he is not entitled to be released on anticipatory bail.

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8. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it appears that applicant is not named in the First Information Report and there is no allegation against him of not having co-operated during the course of investigation which is still pending. It also appears that co-accused Shivam Yadav having similar role has been granted anticipatory bail of this Court in Criminal Misc. Anticipatory Bail Application No.2775 of 2024. It is also admitted that applicant previous criminal history has already been explained.

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9. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Deepesh 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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10. List this case on 15.05.2025, as fresh.

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11. Objections may be filed in the meantime."

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Learned counsel for the applicant submits that the applicant has

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been released on interim anticipatory bail after filing of the personal bonds and two sureties before the investigating officer on 18.7.2025. 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., based upon instructions, states that the investigation is going on.

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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 offences are triable by a Magistrate; there is nothing on record to show that he has not cooperated in the investigation 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 22.4.2025 is made absolute.

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

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Order Date :- 1.8.2025 Shravan

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

Deepesh v. State of U.P. Thru. Addl. Chief Secy. Lko. and Another

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