Kanhaiya @ Kanhaiya Lal vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 15

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 177 of 2025

Applicant :- Kanhaiya @ Kanhaiya Lal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sangeeta Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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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 with the prayer to release him on anticipatory bail in Case Crime No.0563 of 2024, under Sections 316 (5), 318(4), 336(3), 340(2), 352, 351(2), 61(2), 338 of B.N.S., 2023, Police Station Safdarganj, District Barabanki.

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Contention of learned counsel for the applicant is that the applicant is no way involved in committing the offence and he is an employee over there and is not beneficiary and he himself is the victim of the offence. He further submitted that the applicant is co-operating in the investigation proceedings and he will not flee away from the same. He further submits that the applicant is undertaking that he will co-operate with the investigating proceedings and he will remain present before the Investigating Officer as and when required. He submits that the applicant has no previous criminal history and he is a law abiding citizen and he has acute apprehension of being arrested by the police, 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 the offence, 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

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Kanhaiya @ Kanhaiya Lal 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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List/put up this matter in the second week of April 2025.

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In the meantime, learned counsel for the State shall file the counter affidavit.

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It is further provided that the applicant shall appear before the Investigating Officer on 10th March 2025 at 2 p.m. and subsequent thereto, as per the requirement of the Investigating Officer failing which the Investigating Officer shall inform this Court.

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Order Date :- 3.3.2025 Ram Murti

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Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench

Kanhaiya @ Kanhaiya Lal v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Kanhaiya @ Kanhaiya Lal v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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