Lotan Singh Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:40057

Court No. - 69

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6304 of 2024

Applicant :- Lotan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard counsel for the applicant, Sri V. P. Tripathi, learned AGA for the State and perused the material on record.

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This application has been filed seeking anticipatory bail in Case No.8466 of 2021, Case Crime No. 219 of 2019, under Sections 323, 307, 504, 506 I.P.C., Police Station Linepar, DistrictFirozabad, during the pendency of trial.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report and from the material collected during course of investigation, the applicant has been assigned the role of firing. No fire arm injury was found on the body of the injured persons. The case of the applicant is clearly distinguishable from that of other co-accused. During the course of investigation, the applicant was granted protection by this Court till submission of police report vide order dated 18.03.2020 passed in Criminal Misc. Writ Petition No.1913 of 2020 (Lotan Singh vs. State of U.P.). The investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. Criminal history of the applicant has been explained in paragraph no.16 of the bail application. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is released on anticipatory bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made by counsel for the applicant, considering the nature of accusations and the fact that though the applicant has been assigned the role of firing but no fire arm injury was found on the body of the injured persons. During the course of investigation, the applicant was granted protection by this Court till submission of police report. The applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

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In the event of arrest, the applicant Lotan Singh, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) the applicant shall make himself available on each date fixed in the matter by the court concerned;

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(ii) 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 from disclosing such facts to the Court;

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(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court.

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In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

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The application stands disposed of.

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Order Date :- 19.3.2025 Manish Kr

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Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad

Lotan Singh v. State of U.P. and Another

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