Golu Singh @ Harshvardhan Singh Vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Neutral Citation No. - 2025:AHC-LKO:49099

Court No. - 13

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1029 of 2025 Applicant :- Golu Singh @ Harshvardhan Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Satyendra Nath Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Satyendra Nath Mishra, the learned counsel for the applicant as well as Sri Abhay Kumar Singh, the learned A.G.A. appearing on behalf of the State and perused the records. Supplementary affidavit filed by the learned counsel for the applicant is taken on record.

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The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 489 of 2025, under Sections 303(2) B.N.S., registered at Police Station Kotwali Nagar, District Sultanpur.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.06.2025 against three persons, including the applicant, stating that the complainant is a trader of scrap. From the scrap shop of the complainant, some scrap was loaded in his E-rickshaw in the night of 12.06.2025 and it had gone missing in the morning. The complainant expressed suspicion that the accused persons had stolen the E-rickshaw and the scrap and had hidden in their Dal Mill.

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In the affidavit filed in support of the anticipatory bail application it has been contended that the applicant is an innocent person and he has been falsely implicated in the present case.

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A supplementary affidavit has been filed by the learned counsel for the applicant disclosing his involvement in 16 other cases, in three of the cases, the applicant has been acquitted and in rest of the cases, he has been enlarged on bail.

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6.The learned A.G.A has opposed the anticipatory bail application and he has submitted that the investigation against the applicant is still going on whereas a charge-sheet has been submitted by the Investigating Officer against both the other named accused persons .

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident in question took place on 12.06.2025, which was not witnessed by any person; the F.I.R has been lodged on 16.06.2025 implicating the accused persons on the basis of suspicion only, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

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In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Golu Singh @ Harshvardhan Singh before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

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(i). that the applicant shall make themselves 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 the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and

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

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(Subhash Vidyarthi,J.)

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Order Date :- 21.8.2025 Preeti.

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

Golu Singh @ Harshvardhan Singh v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

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Golu Singh @ Harshvardhan Singh v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

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