Hemant Kumar Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

Hemant Kumar Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to applicant Hemant Kumar in Case Crime No.731 of 2024: in the event of arrest, release during pendency of trial on personal bond of Rs. 50,000 with two sureties each in the like amount, subject to conditions of availability on each date fixed, no inducement/threat/promise to dissuade disclosure, no departure from India without permission with passport deposited if held, and liberty to the court concerned to enforce the conditions in default.

Issue for consideration

Whether the applicant Hemant Kumar is entitled to anticipatory bail in Case Crime No.731 of 2024 (Sections 328, 376, 354, 386 and 506 IPC, P.S. Nandgram, District Ghaziabad) during pendency of trial, on the grounds urged including parity with co-accused Vikas Kumar and Kapil.

Court's answer

Considering the submissions, the nature of accusations, the antecedents of the applicant, the fact that the allegation of rape and extortion has been levelled against co-accused Vikas Kumar (who was granted bail by the Additional District and Sessions Judge, Special Judge (POCSO Act), Court No. 2, Ghaziabad), the grant of anticipatory bail to co-accused Kapil by the Co-ordinate Bench on 05.03.2025 in Crl. Misc. Anticipatory Bail Application No.1789 of 2025, absence of substantive evidence against the applicant, and his cooperation in investigation, the court found no requirement of custodial interrogation.

Ratio / Principle

Without commenting on the merits of the case, the court held that the applicant is entitled to be enlarged on anticipatory bail.

Key takeaways

In the event of arrest, the applicant Hemant Kumar is to be released on anticipatory bail during pendency of trial on furnishing a personal bond of Rs. 50,000 with two sureties each in the like amount, subject to the conditions that he (i) makes himself available on each date fixed by the court concerned, (ii) does not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure to the Court, and (iii) does not leave India without previous permission of the Court and deposits his passport, if any, before the concerned court; in default, the court concerned may pass appropriate orders to enforce and compel the conditions.ratio¶12

Detailed headnote1 paragraphs

Anticipatory Bail — S. 482 BNSS — granted. Applicant sought anticipatory bail in Case Crime No.731 of 2024 under Sections 328, 376, 354, 386 and 506 IPC, P.S. Nandgram, District Ghaziabad; charge sheet filed. Allegations of rape and extortion were levelled against co-accused Vikas Kumar, who was granted bail by the Additional District and Sessions Judge, Special Judge (POCSO Act), Court No. 2, Ghaziabad; co-accused Kapil was granted anticipatory bail by the Co-ordinate Bench on 05.03.2025 in Crl. Misc. Anticipatory Bail Application No.1789 of 2025. Holding there was no substantive evidence against the applicant, that he had cooperated in the investigation, and that no custodial interrogation was required, and without commenting on merits, the court held him entitled to anticipatory bail on parity, directing release in the event of arrest on a personal bond of Rs. 50,000 with two sureties each in the like amount, subject to standard conditions, with liberty to the court concerned to enforce them in default.

Neutral Citation No. - 2025:AHC:40136

Court No. - 67

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2199 of 2025

Applicant :- Hemant Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Chandra Pal,Shad Khan Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant; learned A.G.A for the State and perused the record.

The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case Crime No.731 of 2024, under Sections 328, 376, 354, 386 and 506 I.P.C., P.S. Nandgram, District Ghaziabad, during pendency of trial.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The allegation of rape and extortion has been levelled against the co-accused Vikas Kumar. The charge sheet has been submitted against the applicant. It is next submitted that coaccused Kapil has been granted anticipatory bail during pendency of trial, hence the applicant is also entitled to be enlarged on bail on the ground parity. Instant case is squarely covered under section 482 B.N.S.S. The applicant has no criminal history to his credit. In case, the applicant is released on bail, he would not misuse the liberty of bail and would co-operate with the investigation. Applicant has definite apprehension of his arrest by the police.

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

Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that the allegation of rape and extortion has been levelled against the co-accused, Vikas Kumar, the fact that the co-accused, Vikas Kumar has been granted bail by the Additional District and Sessions Judge, Special Judge (POCSO Act), Court No. 2, Ghaziabad and further co-accused Kapil has

been granted bail by the Co-ordinate Bench of this Court vide order dated 05.03.2025 passed in Crl. Misc. Anticipatory Bail Application No.1789 of 2025, at this stage, there is no substantive evidence against the applicant. The applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

In the event of arrest, the applicant Hemant Kumar, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) the applicant shall make himself available on each date fixed in the matter by the court concerned;

(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;

(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 concerned court.

In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

The application stands disposed of.

Order Date :- 20.3.2025 Meenu Singh

Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad