Durgesh Rajbahadur Singh Alias Durgesh R. Singh vs State… — Anticipatory Bail | Allahabad HC (2025)

Durgesh Rajbahadur Singh Alias Durgesh R. Singh vs State… — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim anticipatory bail granted till the next date of listing (matter to be put up on 01-08-2025): release forthwith upon arrest on furnishing a personal bond and two solvent sureties each in the like amount, subject to the seven enumerated conditions; notice issued to opposite party no. 3 returnable at an early date (steps within a week), with counter affidavits to be filed by learned counsel for the State and opposite party no. 3; applicant directed to appear before the Investigating Officer on 02-07-2025 at 02.00 P.M.

Issue for consideration

Whether the applicant, Durgesh Rajbahadur Singh alias Durgesh R. Singh, facing Case Crime No. 55 of 2023 (sections 409 and 506 IPC, Police Station Vikas Nagar, District Lucknow), is entitled to anticipatory bail under Section 438 Cr.P.C. +1 more

Court's answer

After considering the facts and circumstances of the case and on perusal of the record, this Court finds the case fit for grant of interim anticipatory bail.

Ratio / Principle

Till the next date of listing, the applicant shall be released forthwith, in case of his arrest, on interim anticipatory bail upon furnishing a personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned.

Key takeaways

The interim release is subject to seven enumerated conditions: availability for interrogation as and when required; no direct or indirect inducement, threat or promise to dissuade disclosure or tampering with evidence; no departure from India without previous permission of the court; no tampering with evidence during trial in case chargesheet is submitted; no pressurising or intimidating prosecution witnesses; appearance before the trial court on each fixed date unless presence is exempted; and liberty to the court concerned to cancel bail on breach of any condition.ratio¶12
The applicant is directed to appear before the Investigating Officer on 02-07-2025 at 02.00 P.M.; failing which, the Investigating Officer shall inform this Court, while filing the Counter Affidavit, whether the applicant has cooperated in the investigation proceedings or not.ratio¶26

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Court No. 12), order of Hon'ble Shree Prakash Singh, J. dated 23.6.2025 on Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 658 of 2025 filed by Durgesh Rajbahadur Singh alias Durgesh R. Singh concerning Case Crime No. 55 of 2023 (sections 409, 506 IPC), Police Station Vikas Nagar, District Lucknow: counsel pleaded innocence, false implication, absence of criminal intent, characterisation of the matter as a commercial dispute under an agreement between the parties (appended from page no. 46), readiness to cooperate with investigation and absence of previous criminal history; learned AGA for the State opposed, submitting the applicant is not entitled to any relief. After perusal of record the Court found the case fit for interim anticipatory bail: till the next date of listing the applicant is to be released forthwith, in case of arrest, on a personal bond and two solvent sureties each in the like amount, subject to seven conditions (availability for interrogation; no inducement, threat, promise or tampering; no departure from India without previous permission; no tampering with evidence after chargesheet during trial; no pressurising prosecution witnesses; attendance before trial court unless exempted; cancellation on breach). Notice issued to opposite party no. 3 returnable at an early date, steps within a week; counter affidavits awaited from counsel for the State and opposite party no. 3. Applicant directed to appear before the Investigating Officer on 02-07-2025 at 02.00 P.M., failing which the Investigating Officer shall report to this Court with the Counter Affidavit whether he cooperated in the investigation proceedings. Matter to be put up on 01-08-2025. Digitally signed by Anuj Krishna Srivastava.

Court No. - 12

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 658 of 2025

Applicant :- Durgesh Rajbahadur Singh Alias Durgesh R. Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 2 Others Counsel for Applicant :- Shailender Singh,Neelam Singh,Varun Kumar Mishra

Counsel for Opposite Party :- G.A.

Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 55 of 2023, under sections 409,506 of the IPC, Police Station-Vikas Nagar, District-Lucknow.

Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated. He added that infact the instant matter pertains to a commercial dispute as the agreement has also been entered into between the parties, which is appended at page no. 46 onwards. He next added that there is no criminal intent to commit any offence as is alleged in the first information report and for giving a colour of criminality, the first information report has been lodged against the applicant. He submits that the applicant is always ready to cooperate with the investigation proceedings and there is no complaint that he is avoiding with the investigation proceedings. He next submits that the applicant has no previous criminal history and there is an apprehension that the police will arrest him and therefore, submission is that he may be enlarged on anticipatory bail.

On the other hand, learned AGA appearing for the

State has opposed the contentions aforesaid and submits that the applicant is not entitled for any relief.

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

Accordingly, till the next date of listing, the present applicant- Durgesh Rajbahadur Singh Alias Durgesh R. Singh, shall be released forthwith, in case of his arrest, in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing a personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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

(ii) that 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;

(iii) that the applicant shall not leave India without the previous permission of the court;

(iv) that in case chargesheet is submitted, the applicant shall not tamper with the evidence during the trial;

(v) that the applicant shall not pressurize/ intimidate the prosecution witness;

(vi) that the applicant shall appear before the trial court on each date fixed unless personal presence

is exempted;

(vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

Let notice be issued to opposite party no. 3 returnable at an early date.

Steps be taken within a week.

If the steps are taken, the office shall proceed accordingly.

List/put up this matter on 01-08-2025.

In the meantime, learned counsel for the State as well as opposite party no. 3 shall file their counter affidavits.

The applicant is directed to appear before the Investigating Officer on 02-07-2025 at 02.00 P.M. , failing which, the Investigating Officer shall inform this court while filing the Counter Affidavit that the applicant has cooperated in the investigation proceedings or not.

Order Date :- 23.6.2025 AKS

Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench