Kamlesh Kumar vs State of U.P. and 2 Others

Neutral Citation No. - 2025:AHC:20300

Court No. - 67

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1129 of 2025

Applicant :- Kamlesh Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sudist Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard counsel for the applicant and Sri V.K. Tiwari, learned A.G.A. for the State, and perused the material placed on record.

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This application under Section 482 of B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 158 of 2024, under Sections 85, 80(2) B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station Friends Colony, District Etawah.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is maternal uncle of the deceased. Earlier, after investigation, the Investigating Officer found that the applicant was not involved in the alleged incident, and as such, he was exonerated by him vide Parcha No.8 dated 22.7.2024. On 14.09.2024, the second statement of the informant was recorded by the Investigating Officer. Thereafter, the investigation against the applicant again commenced. It is contended that in the said statement there are vague and general allegations against the applicant. The husband of the deceased has been arrested. On similar allegations the father-in-law and mother-in-law have been granted bail by the concerned sessions court. Identically placed co-accused Ankit Kumar has been granted anticipatory bail by this Court vide order dated 27.01.2025 passed in Criminal Misc. Anticipatory Bail Application under Section 482 BNSS No.374 of 2025 (Ankit Kumar vs. State of U.P. and others). The applicant has no criminal antecedents. The investigation is still pending and the applicant has apprehension of his arrest in the above mentioned case.

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Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

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Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that earlier after investigation, the Investigating Officer found that the applicant was not involved in the alleged incident, and as such, he was exonerated by him; after the second statement of the informant, investigation against the applicant again commenced; in the said statement there are vague and general allegations against the applicant, identically placed coaccused Ankit Kumar has been granted anticipatory bail by this Court and without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant- Kamlesh Kumar be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) of B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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

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(ii) 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 from disclosing such facts to the Court or to any police officer;

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(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the Police Commissioner concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application

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of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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The application stands disposed of.

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Order Date :- 13.2.2025 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Kamlesh Kumar v. State of U.P. and 2 Others

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Kamlesh Kumar v. State of U.P. and 2 Others

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