Somendra @ Kallu Vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

Somendra @ Kallu Vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the applicant till submission of the police report under Section 193(3) B.N.S.S., on a personal bond of Rs. 50,000/- with two sureties each in the like amount, with conditions (i) availability for interrogation as and when required, (ii) no inducement, threat or promise to dissuade disclosure of facts, (iii) no departure from India without previous permission and deposit of passport, if any, before the S.S.P./S.P. concerned; Investigating Officer at liberty on default of conditions to file an application for cancellation; Investigating Officer directed to conclude investigation preferably within three months of production of a copy of the order; applicant directed to produce a copy of the order before the S.S.P./S.P. concerned within ten days, who shall ensure compliance.

Issue for consideration

Whether applicant Somendra @ Kallu, implicated in Case Crime No. 203 of 2024 (Police Station Raniya, District Kanpur Dehat) on the basis of statements of co-accused Monu Singh and Jai Singh made in police custody, is entitled to anticipatory bail till submission of the police report.

Court's answer

Having regard to the submissions, the nature of accusations and the applicant's antecedents, and in particular the fact that his name was disclosed by co-accused Monu Singh and Jai Singh in police custody with no substantive evidence at this stage linking him to the offence, the applicant is entitled to be enlarged on anticipatory bail till the submission of police report, without commenting on merits of the case.

Ratio / Principle

In the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid case crime till submission of the police report, if any, under Section 193(3) B.N.S.S., on a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer, subject to the conditions of availability for interrogation, abstention from inducement, threat or promise to dissuade disclosure, and non-departure from India without previous permission with deposit of any passport before the S.S.P./S.P. concerned; on default, the Investigating Officer may apply for cancellation.

Key takeaways

The Investigating Officer is directed to conclude the investigation expeditiously, preferably within a period of three months from the date of production of a copy of this order, independently and without being prejudiced by any observation made while considering and deciding the present anticipatory bail application.ratio¶¶20

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 69), Hon'ble Vivek Varma, J. — Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 6486 of 2025, decided September 23, 2025. Applicant Somendra @ Kallu sought anticipatory bail in Case Crime No. 203 of 2024 under Sections 319(2), 318(4), 308(7) B.N.S. and 66C/66D I.T. Act, Police Station Raniya, District Kanpur Dehat, his implication resting on statements of co-accused Monu Singh and Jai Singh made in police custody, with counsel asserting unreliability of those statements, absence of credible evidence linking the applicant, and no criminal antecedents. Finding no substantive evidence at that stage linking the applicant to the offence and expressly declining to comment on the merits, the single-member bench adjudged him entitled to anticipatory bail, confined to the period till submission of the police report under Section 193(3) B.N.S.S.: in the event of arrest, release on a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the concerned Station House Officer, subject to conditions of availability for interrogation, abstention from inducement, threat or promise, and no departure from India without previous permission with deposit of any passport before the S.S.P./S.P. concerned, failure of any condition permitting the Investigating Officer to seek cancellation. The Investigating Officer was further directed to conclude the investigation expeditiously, preferably within three months from production of a copy of the order, independently and without being prejudiced by any observation in the decision; the applicant was ordered to produce a copy before the concerned S.S.P./S.P. within ten days. Application stands disposed of.