Preetam Singh and 5 Others Vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

Preetam Singh and 5 Others Vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all six applicants in the event of arrest, during pendency of trial, on a personal bond of Rs. 50,000/- each with two sureties each in the like amount, subject to three specified conditions enforceable by the court concerned on default; the application stands disposed of.

Issue for consideration

Whether the applicants, who apprehend arrest in Case Crime No. 177 of 2022 (sections 147, 323, 504, 427, 352 and 379 IPC, P.S. Manjhanpur, District Kaushambi) after being summoned by the concerned Court, are entitled to anticipatory bail, given the claimed purely civil nature of the underlying land dispute, the completed investigation with their cooperation, their absence of criminal antecedents, and the absence of any need for custodial interrogation.

Ratio / Principle

Having regard to the submissions made, and considering the nature of accusations, the antecedents of the applicants, the fact that the case is purely civil in nature (the applicants having already instituted Suit No. 326 of 2022 restraining the informant), the absence at this stage of substantive evidence linking the applicants to the offence, their cooperation in the investigation and the fact that no custodial interrogation is required, the court concluded, without commenting on the merits of the case, that the applicants are entitled to be enlarged on anticipatory bail; the learned A.G.A. opposed the prayer but could not satisfactorily dispute these submissions from the record.

Key takeaways

In the event of arrest, the six applicants (Preetam Singh, Koyal Singh @ Anurag Singh, Rajesh Singh, Shivkesh Singh, Yuvraj Singh and Dileep Singh), involved in the aforesaid case crime, are 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 to the satisfaction of the court concerned, subject to conditions that they attend on every date fixed, make no inducement, threat or promise to dissuade disclosure of facts to the Court, and not leave India without previous permission (passport, if held, to be deposited); on default of any condition the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.ratio¶12

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Vivek Varma, J.; Neutral Citation 2025:AHC:125725; Order dated 29.7.2025) - Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 3280 of 2025 by Preetam Singh and 5 others against State of U.P. The applicants faced prosecution in Case Crime No. 177 of 2022 (Case No. 1859 of 2023), sections 147, 323, 504, 427, 352 and 379 IPC, P.S. Manjhanpur, District Kaushambi, and had been summoned by the concerned Court. Counsel urged false implication: both sides claim rights over disputed land; the applicants had instituted Suit No. 326 of 2022 (Rajesh Singh and others vs. Krishna Dev Mishra and others) before the Civil Judge (Junior Division), Kaushambi, restraining the informant, and the prosecution was a counter blast; the case is purely civil in nature, investigation is complete with the applicants' cooperation, no custodial interrogation is required and the applicants have no criminal antecedents. The learned A.G.A. opposed the prayer but could not satisfactorily dispute these submissions from the record. Without commenting on the merits, judging the applicants entitled to anticipatory bail, the court directed that, in the event of arrest, all six applicants be released on anticipatory bail during pendency of trial on a personal bond of Rs. 50,000/- each with two sureties each in the like amount, subject to conditions of attendance on every fixed date, no inducement, threat or promise to dissuade disclosure to the Court, and no departure from India without permission (passport to be deposited), with liberty to the court concerned to enforce the conditions on default. Application disposed of.