Allowed¶38

Alagu v. State of U.P. Thru. Prin. Secy. Home Lko. U.P. and Another

Allahabad HC27 Jan 2025ABAIL/74/2025

Case brief

AI extract

What is this about?

anticipatory bail; Section 438 Cr.P.C.; ABAIL No. 74 of 2025; Alagu versus State of U.P.; Case Crime No. 376 of 2003; Sections 147 148 149 307 506 352 IPC; Section 9/51 Wild Life Protection Act; Police Station Kotwali Sadar; District Kheri; charge-sheet dated 23.05.2023; interim anticipatory bail made absolute; notice served through WhatsApp; F.I.R. lodged in official capacity; no misuse of bail liberty; Criminal Case No. 6228 of 2003; Section 482 Cr.P.C. application dismissed 2013; Subhash Vidyarthi J.; Lucknow Bench; September 17, 2025; bail allowed.

What did the court decide?

Interim anticipatory bail order dated 27.01.2025 made absolute; anticipatory bail application of Alagu allowed. ¶38

Alagu vs State of U.P. Thru. Prin. Secy. Home Lko. U.P… — Anticipatory Bail | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 74 of 2025

Alagu

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And Another .....Opposite Party(s) Counsel for Applicant(s) : M.K. Dixit, Prashant Kumar Mishra Counsel for Opposite Party(s) : G.A.

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Court No. - 13

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HON'BLE SUBHASH VIDYARTHI, J.

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Case called out. Nobody appeared on behalf of the applicant to press the instant application. Smt. Kamlesh Kumari, the learned A.G.A for the State is present

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The applicant was granted interim anticipatory bail by means of the following order passed on 27.01.2025 by a Coordinate Bench of this Court:

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"Supplementary affidavit filed today by learned counsel for the applicant, is taken on record.

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

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The instant anticipatory bail application has been filed on behalf of the applicant- Alagu with the prayer to release him on anticipatory bail in Case Crime No. 376 of 2003, under Sections 147, 148, 149, 307, 506, 352 I.P.C. and Section 9/51 Wild Life Protection Act, Police Station Kotwali Sadar, District Kheri.

¶14

Contention of learned counsel for the applicant is that applicant is innocent and he has been falsely implicated in this case. He further submits that some of the accused persons of this case instituted an application under Section 482 of the Cr.P.C., which was dismissed in the year 2013, wherein the proceedings of Criminal Case No. 6228 of 2003 was stayed. He added that charge sheet in this case has been filed. He further added that there is no ample evidence against the applicant and he is always ready to cooperate with the trial proceedings and as such there is no possibility that the applicant will flee away from the trial proceedings and will not cooperate in the

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ABAIL No. 74 of 2025

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investigation proceedings. He further submits that no custodial interrogation is required whereas the police is adamant to arrest the applicant and as such, he may be granted anticipatory bail which he will not misuse.

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On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that the applicant is named in the F.I.R. and there is sufficient proof that he has committed cheat and fraud, as such, he is not entitled to any relief.

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Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court find it to be a fit case of anticipatory bail.

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Till the next date of listing, the present applicant- Alagu shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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

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(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;

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

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

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

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

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

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Issue notice to the opposite party no. 2 returnable at an early date.

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Steps be taken within one week. If steps are taken, the office shall proceed accordingly.

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List/put up this matter in the 4th week of February, 2025.

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In the meantime, learned counsel for the State as well as opposite party no.2

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ABAIL No. 74 of 2025

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shall file their counter affidavit. "

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The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge-sheet dated 23.05.2023. The Chief Judicial Magistrate, Lakhimpur Kheri has reported that notice has been served upon the informant through whats-app from his son's mobile number. It appears that the informant had lodged the F.I.R in his official capacity and, therefore, absence of personal services on the informant does not make any difference.

¶36

There is no allegation of misuse of the liberty of granting interim anticipatory bail to the applicant.

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In these circumstances, this Court finds no good ground to take a view different from the view taken by a Coordinate Bench of this Court on 27.01.2025 granting anticipatory bail to the applicant.

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In view of above, the interim order dated 27.01.2025 is made absolute and the anticipatory bail application is allowed.

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(Subhash Vidyarthi,J.)

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September 17, 2025

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Preeti

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Alagu v. State of U.P. Thru. Prin. Secy. Home Lko. U.P. and Another

Case brief

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Alagu v. State of U.P. Thru. Prin. Secy. Home Lko. U.P. and Another

Case brief

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