Allowed

Sri. Ram Jaiswal v. State of U.P. and Another

Allahabad HC27 Feb 2025NABAIL/1329/2025

Case brief

AI extract

What is this about?

CCM Anticipatory Bail Application under Sec. 482 BNSS / 438 Cr.P.C. allowed the applicant's release pending police report under Sec. 173(2) Cr.P.C. on furnishing bond with two sureties, subject to standard conditions and a direction to conclude investigation within three months. Decision relied on Sushila Aggarwal.

What did the court decide?

Release on anticipatory bail pending submission of police report under section 173(2) Cr.P.C. on personal bond with two sureties.

Sri. Ram Jaiswal vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:27949

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Court No. - 70

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1329 of 2025

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Applicant :- Sri. Ram Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Digvijay,Km Preete Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant and learned AGA for the State and perused the material placed on record.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 222 of 2024, under Sections 319(2) 318(4), 338, 336(3), 340(2), 339 of BNS and section 60 and 63 of Copy Right (Amended) Act 1957 and section 103 of Trademark Act, 1999, P.S. Mohana, District Siddharth Nagar.

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Counsel for the applicant submits that applicant has been falsely implicated in the present case. The name of applicant has come into light on the confessional statement of co-accused, who was arrested on the spot. No material evidence has been collected by the police. The investigation is going on. No offence is made out in the aforesaid sections. The allegation levelled against the applicant is not supported by any evidence. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

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Learned AGA opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out. The apprehension of the applicant is not founded on any material on record, only on the basis of imaginary fear, the anticipatory bail cannot be granted.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT

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of Delhi)-2020 SCC Online SC 98.

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Let the applicant Sri Ram Jaiswal, who is involved in the aforesaid crime, be released on anticipatory bail till submission of police report U/s 173(2) Cr.P.C. on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court 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 them before the S.S.P./S.P. 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 certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The present anticipatory bail application stands allowed .

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Order Date :- 27.2.2025 RPD

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Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad

Sri. Ram Jaiswal v. State of U.P. and Another

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Sri. Ram Jaiswal v. State of U.P. and Another

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