Lallu Prasad @ Lalu Prasad and 2 Others Vs the State of U.P. Thru. the Prin. Secy. Deptt. of Home Lko. and Another

Neutral Citation No. - 2025:AHC-LKO:25086

Court No. - 15

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 472 of 2025

Applicant :- Lallu Prasad @ Lalu Prasad And 2 Others Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Anand Kumar Srivastava Counsel for Opposite Party :- G.A.

¶5

Hon'ble Subhash Vidyarthi,J.

¶6

Heard Sri Anand Kumar Srivastava, the learned counsel for the applicants as well as Sri Ravi Srivastava, the learned Additional Government Advocate appearing on behalf of the State, Shri Upendra Kumar Singh, the learned counsel for the informant and perused the records.

¶7

The instant application has been filed by the applicants seeking anticipatory bail in F.I.R. bearing Case Crime No.74 of 2023, under Sections 307/149 I.P.C., registered at Police Station Laliya, District Balrampur.

¶8

The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.03.2023 at 17:57 Hours against five named persons, including the applicants, and one unknown person alleging that because of a property dispute, the accused persons had beaten up the informant and his family members between 6-7 AM on 24.03.2023 causing injuries to several persons.

¶9

Prior to lodging of the FIR in question, an FIR No.73 of 2023 was lodged at 11:55 Hours on 24.03.2023 against eight persons alleging that those persons had beaten up the applicants and their family members. Persons from the side of the applicants have received injuries in the incident including some grievous injuries.

¶10

In the affidavit filed in support of the anticipatory bailapplication it has been contended that the applicants are innocent, they have no criminal history and they have falsely been implicated in the present case.

¶11

The applicants namely, Lallu Prasad @ Lalu Prasad, Shiv Kumar and Amit Kumar have already been granted anticipatory bail under Sections 147, 148, 323, 504, 506, 308 I.P.C. by means of orders dated 09.08.2023, 18.08.2023 and 18.08.2023 passed in Crl. Misc. Anticipatory Bail Application u/S 438 Cr.P.C. Nos.1765 of 2023, 1818 of 2023 & 1821 of 2023. The present application has been filed when the Court has framed charge under Section 307/149 I.P.C. in place of Section 308 I.P.C. which was mentioned in the charge-sheet.

¶12

The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶13

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that this Court has already granted anticipatory bail to the applicants after taking into consideration all the relevant facts and circumstances of case and Section 308 I.P.C. has been replaced by Section 307/149 I.P.C. on the basis of same set of facts which have already been taken into consideration by the Court while granting anticipatory bail to the applicants, I am of the view that the applicants are entitled to be granted anticipatory bail in the aforementioned case.

¶14

Accordingly, this anticipatory bail application stands allowed .

¶15

In the event of arrest/appearance of applicants- Lallu Prasad @ Lalu Prasad, Shiv Kumar and Amit Kumar before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing

¶16

personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

¶17

(i) that the applicants shall make themselves available for interrogation by a police officer as and when required;

¶18

(ii) that the applicants 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;

¶19

(iii) that the applicants shall not leave India without the previous permission of the court'

¶20

(iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and

¶21

(v) that the applicants shall not pressurize/ intimidate the prosecution witness.

¶22

[Subhash Vidyarthi, J.]

¶23

Order Date :- 1.5.2025 -Amit K-

¶24

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

Lallu Prasad @ Lalu Prasad and 2 Others v. the State of U.P. Thru. the Prin. Secy. Deptt. of Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Lallu Prasad @ Lalu Prasad and 2 Others v. the State of U.P. Thru. the Prin. Secy. Deptt. of Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Shravan Kumar Gautam Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Pramod Saroj @ Gunda Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and 3 Others

Prem Shankar Vs State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Baburam and 8 Others vs State of U.P. Thru. Prin. Secy. Home Lko and Another

Vishal @ Nirmal vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Neeraj Kumar vs State of U.P. Thru. Addl. Chief Secy. Home /Prin. Secy. Home