Arun Kushwaha vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

First anticipatory bail application has been filed with regard to case crime No.0132 of 2023, under Sections 419, 420, 467, 468, 471 IPC, Police Station Tulsipur, District Balrampur.

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As per contents of first information report, in which the applicant is unnamed. The allegation levelled pertains to fraudulent preparation of Birth and Death Certificate.

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It has been submitted by learned counsel for applicant that the applicant has been falsely implicated in the charges levelled against him, which could be evident that the applicant is neither named in the FIR nor any allegation levelled against him.

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It is submitted that main accused is Rupesh Kumar Kasaudhan, who has already been enlarged on bail by a Coordinate Bench of this Court, vide order dated 3.4.2024 passed in Crl. Misc. Bail Application No. 11799 of 2023.

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It is further submitted that the applicant's name has been introduced in the alleged confessional statement of one Angad Kushwaha, who has also been enlarged on bail by a Coordinate Bench of this Court, vide order dated 3.4.2024 passed in Crl. Misc. Bail Application No. 10565 of 2023.

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It is further submitted that applicant does not have any previous criminal history.

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Learned A.G.A. has opposed anticipatory bail application with the submission that applicant is unknown in the FIR. It is

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submitted that the applicant is not cooperating during the course of investigation, due to which not only non-bailable warrant but the process under Section 82 Cr.P.C. has also been issued on 22.12.2023. It is admitted that the applicant does not have any previous criminal history and his name has been included on the basis of confessional statement of co-accused.

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Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it appears that applicant has not been named in the FIR and his name has been introduced by the alleged confessional statement of coaccused, who has already been enlarged on bail as indicated above. There does not appear to be any recovery from him. However learned counsel for applicant on the basis of instructions submits that applicant is ready and willing to cooperate in the investigation.

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

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Let the accused- Arun Kushwaha applicant as an interim measure be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi) -2020 SCC online SC 98. The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.

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In the event of arrest, the accused-applicant shall be released forthwith in the aforesaid case crime on bail furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:-

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(i) That the accused-applicant shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.

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

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Applicant appear before the Investigation Officer on 01.05.2025 at 02.00 P.M. In case of failure, learned AGA shall intimate this Court with regard to same.

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List this case on 08.05.2025 , as fresh.

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Learned AGA shall obtain instructions by the next date of listing.

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Order Date :- 25.4.2025

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Muk

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Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench

Arun Kushwaha v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Arun Kushwaha v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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