Brihaspati Alias V.P Pandey vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

Brihaspati Alias V.P Pandey vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted till submission of police report under section 193(3) B.N.S.: personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer concerned; conditions imposed — (i) availability for interrogation as and when required; (ii) no direct or indirect inducement, threat or promise to dissuade disclosure of facts; (iii) no leaving India without previous permission of the Court, passport to be deposited before the S.S.P./S.P.; on default of conditions the Investigating Officer may apply for cancellation; copy of order to be produced before S.S.P./S.P. within ten days; investigation to be concluded expeditiously, preferably within three months, independently of this Court's observations.

Issue for consideration

Whether Brihaspati Alias V.P Pandey is entitled to be enlarged on anticipatory bail in Case Crime No. 07 of 2025 under sections 309(4), 317(2), 61(2) B.N.S., P.S. Pathra Bazar, District Siddharth Nagar. +1 more

Court's answer

Having regard to the submissions, the nature of accusations and the antecedents of the applicant, and because the applicant was not named in the FIR and his name was disclosed by co-accused Sumit Srivastava and Golu @ Girjesh in police custody, the court held that, without commenting on merits, the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

Ratio / Principle

At this stage there was determined to be no substantive evidence linking the applicant with the offence; the court expressly refrained from commenting on the merits of the case.

Key takeaways

In the event of arrest, the applicant is to be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 193(3) B.N.S., upon furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer concerned, subject to conditions: availability for interrogation as and when required; no direct or indirect inducement, threat or promise to dissuade disclosure of facts to the Court or police; no leaving India without previous permission, with any passport deposited before the S.S.P./S.P. concerned.ratio¶13
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 copy of this order, independently and without being prejudiced by any observation made by this Court.obiter¶18

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 69; Hon'ble Vivek Varma, J.; Neutral Citation No. 2025:AHC:58845; order dated 21.04.2025) — Anticipatory bail granted to Brihaspati Alias V.P Pandey, applicant in CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. 2246 of 2025, in respect of Case Crime No. 07 of 2025 under sections 309(4), 317(2), 61(2) B.N.S., P.S. Pathra Bazar, District Siddharth Nagar. Basis: the applicant was not named in the FIR and his name was disclosed by co-accused Sumit Srivastava and Golu @ Girjesh in police custody; considering the accusations and antecedents, the court found that at this stage there was no substantive evidence linking the applicant to the offence and, without commenting on merits, held him entitled to anticipatory bail confined till submission of the police report under section 193(3) B.N.S. Terms: personal bond Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer; conditions requiring availability for interrogation, abstention from inducement/threat/promise, and no departure from India without prior permission with passport deposited before the S.S.P./S.P.; default entitles the Investigating Officer to seek cancellation. Ancillary directions: investigation to be concluded expeditiously, preferably within three months of production of the order, independently of this Court's observations; copy of the order to be produced before the S.S.P./S.P. within ten days. Application stands disposed of.

Neutral Citation No. - 2025:AHC:58845

Court No. - 69

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2246 of 2025

Applicant :- Brihaspati Alias V.P Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Deepankar Shukla,Tanzeel Ahmad Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record.

The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.07 of 2025, under sections 309(4), 317(2), 61(2) B.N.S., P.S. Pathra Bazar, District Siddharth Nagar.

Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. The name of the applicant was disclosed by co-accused Sumit Srivastava and Golu @ Girjesh in police custody. The statements, insofar as they implicate the applicant, are unreliable. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.

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

Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, the fact that the applicant was not named in the first information report; the name of the applicant was disclosed by co-accused Sumit Srivastava and Golu @ Girjesh in police custody, at this stage, there is no substantive evidence to link the applicant with the offence, without commenting on merits

of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

In the event of arrest, the applicant Brihaspati Alias V.P Pandey be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 193 (3) B.N.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station 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 copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

The application stands disposed of.

Order Date :- 21.4.2025 S.S.

Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad