Kanha Alias Harikishan Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

Kanha Alias Harikishan Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to applicant Kanha @ Harikishan till submission of police report under section 173(2) Cr.P.C., on personal bond with two sureties each in the like amount, subject to the listed conditions; on default, Investigating Officer free to seek cancellation; investigation to be concluded preferably within three months of production of a certified copy of the order.

Issue for consideration

Whether applicant Kanha Alias Harikishan, implicated in Case Crime No. 187 of 2024 (Sections 191(2), 191(3), 190, 109 B.N.S. 2023), P.S. Chandpa, District Hathras, is entitled to anticipatory bail.

Court's answer

Court found the applicant entitled to release on anticipatory bail for a limited period, without expressing any opinion on the merits, considering the nature of accusation and antecedents and the exception considered by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi).

Ratio / Principle

Ordered release of applicant Kanha @ Harikishan on anticipatory bail till submission of police report under section 173(2) Cr.P.C., on furnishing a personal bond with two sureties each in the like amount, subject to conditions: availability for interrogation as and when required; no inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure to Court or police officer; no departure from India without previous permission of the Court, with passport deposited before the concerned S.S.P./S.P.; on default of any condition, the Investigating Officer may file an application for cancellation.

Key takeaways

Ancillary direction: the Investigating Officer is directed to conclude the investigation expeditiously, preferably within three months from the date of production of a certified copy of this order, independently and without being prejudiced by any observation made while considering the bail application.obiter¶17

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 70), Deepak Verma, J. — CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. 1921 of 2025 (filed under S. 438 Cr.P.C.), order dated 10.3.2025: Anticipatory bail granted to applicant Kanha Alias Harikishan (also styled Kanha @ Harikishan) in Case Crime No. 187 of 2024, Sections 191(2), 191(3), 190, 109 B.N.S. 2023, P.S. Chandpa, District Hathras, for a limited period — till submission of police report under S. 173(2) Cr.P.C. — without expressing any opinion on merits, considering the nature of accusation and antecedents and invoking the exception considered by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi), 2020 SCC OnLine SC 98. Parity noted: co-accused Manu @ Manua @ Ghanshyam Singh and Akash @Akash Singh Jadaun had been granted similar anticipatory bail by orders dated 1.10.2024 and 24.01.2025. Bail on personal bond with two sureties each in the like amount, subject to conditions (availability for interrogation; no inducement/threat/promise; no departure from India without permission, passport deposited with S.S.P./S.P.); on breach, I.O. may apply for cancellation. Investigating Officer directed to conclude investigation expeditiously, preferably within three months of production of certified copy of the order. Application allowed.

Neutral Citation No. - 2025:AHC:34694

Court No. - 70

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1921 of 2025

Applicant :- Kanha Alias Harikishan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yadvendra Mani Mishra Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant, learned AGA on behalf of the State and perused the record.

This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.187 of 2024, under Sections 191(2), 191(3), 190, 109 B.N.S. 2023, P.S. Chandpa, District Hathras.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant next submits that co-accused Manu @ Manua @ Ghanshyam Singh & Akash @Akash Singh Jadaun have been granted anticipatory bail till submission of police report by cooordinate Bench of this Court by orders dated 1.10.2024 & 24.01.2025. Applicant's case is similar with coaccused, who have been granted anticipatory bail by this Court. Investigation is going on. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

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.

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 of Delhi)-2020 SCC Online SC 98.

Let the applicant Kanha @ Harikishan , who is involved in the aforesaid crime, be released on anticipatory bail till submission of police report under section 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 :-

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

(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;

(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 S.S.P./S.P. concerned.

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.

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.

The application stands allowed.

Order Date :- 10.3.2025 SKD

Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad