Kripal Singh vs State of Up and Another

The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No.0460 of 2019, under Sections 120-B, 477A, 420 IPC and Section 7 of Prevention of Corruption Act, Police Station Jalesar, District Etah, with a prayer to enlarge him on anticipatory bail.

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Learned counsel for the applicant submits that on the basis of false allegation applicant has been made accused in the present matter, who was Lekhpal and during investigation, I.O. did not even arrest the applicant and without his arrest, he submitted the charge-sheet and when after submission of charge-sheet applicant filed instant anticipatory bail application in the year 2024, then on 28.06.2024 co-ordinate bench of this Court directed that no coercive action shall be taken against the applicant.

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He further submits that as charge-sheet in the matter has already been filed, therefore, custodial interrogation of the applicant is not required.

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He further submits that if applicant is not released on anticipatory bail and then when he will appear before the court concerned, he will be sent to jail.

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He further submits that applicant is not having any previous criminal history.

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He further submits that therefore, considering the above facts, applicant should be enlarged on anticipatory bail till conclusion of trial.

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Per contra, learned A.G.A. however, opposed the prayer for grant of anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard both the parties and perused the record of the case.

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However, as per allegation, applicant was Lekhpal and he along with others indulged in the commission of the alleged crime but it reflects that during investigation, I.O. did not arrest him and there is no allegation that he was either absconder or was not cooperating with the investigation.

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Further, now charge-sheet has been filed and after submission of charge-sheet when applicant filed the instant anticipatory bail application then on 28.06.2024 co-ordinate bench of this Court directed that no coercive action shall be taken against the applicant.

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Further, applicant is not having any previous criminal history and apprehension of arrest raised by the applicant cannot be ruled out.

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Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to released on anticipatory bail till conclusion of trial.

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Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed.

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In the event of arrest of the applicant, Kripal Singh involved in the aforesaid case crime number, shall be released on bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:-

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i. that the applicant shall not, directly or indirectly make any inducement,

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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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ii. that the applicant shall not leave India without previous permission of the court;

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iii. that the applicant shall not tamper with the evidence during the trial;

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iv. that the applicant shall not pressurize/ intimidate the prosecution witness;

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v. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.

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It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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(Sameer Jain,J.)

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October 10, 2025 S.A.

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Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad

Kripal Singh v. State of Up and Another

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Kripal Singh v. State of Up and Another

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