Mathura Prasad vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:30569

Court No. - 70

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1499 of 2025

Applicant :- Mathura Prasad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girja Shanker Sen,Krishna Dutt Awasthi 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, learned A.G.A for the State and perused the record.

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The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in Case Crime No. 143 of 2019, under Sections 420, 467, 468 I.P.C, Police Station- Sirauli, District- Bareilly.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is not named in the first information report. Instant first information report was lodged in the year 2019 and till today no charge-sheet has been submitted in the matter. Investigation is going on since last five years. He next submitted that similarly placed co-accused, Omkar, Kumarpal and Dataram, have been granted anticipatory bail till conclusion of trial by a Coordinate Bench of this Court vide order dated 04.08.2022 passed in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No. 3261 of 2022 and claims parity with the co-accused persons. It has been submitted that in case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

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On the other hand, learned AGA has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant.

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Considering the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of " Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case.

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Without expressing any opinion upon ultimate merits of the case either ways which may be adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed .

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Let the applicant- Mathura Prasad , who is involved in the aforesaid crime, be released on anticipatory bail till conclusion of trial 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 not leave India during the pendency of trial without prior permission from the concerned trial Court.

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ii. The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.

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iii. 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;

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iv. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

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v. In case, the applicant misuse the liberty of bail, the trial Court concerned may take appropriate action in accordance with law.

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vi. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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Order Date :- 4.3.2025 Aditya

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Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad

Mathura Prasad v. State of U.P. and Another

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