Shiva Singh Vs State of U.P. Thru. Prin. Secy. Home… — Anticipatory Bail | Allahabad HC (2025)

Shiva Singh Vs State of U.P. Thru. Prin. Secy. Home… — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail in case crime No.469 of 2024: release in the event of arrest on a personal bond with two sureties each in the like amount, subject to conditions (availability for interrogation, no inducement/threat/promise or tampering with evidence, no leaving India without court permission, no pressurising/intimidating prosecution witnesses, appearance before trial court unless exempted, and forfeiture of the benefit on breach of any condition); liberty protected till filing of police report under S.173(2) Cr.P.C.

Issue for consideration

Whether anticipatory bail under Section 482 BNSS should be granted to applicant Shiva Singh in case crime No.469 of 2024 (Section 309(6) BNS), given that the FIR named unknown persons and the applicant's involvement rests only on an alleged confessional statement of a co-accused, with prior criminal history of 14 cases claimed to have been explained.

Court's answer

On consideration of the material on record, the FIR was lodged against unknown persons and the applicant's involvement has been shown only on the basis of the alleged confessional statement of a co-accused.

Ratio / Principle

The applicant's previous criminal history of 14 cases has been explained (recorded in the supplementary affidavit and conceded by the learned A.G.A.).

Key takeaways

Without expressing any opinion on the merits, the liberty of the applicant may be protected until filing of the police report under S.173(2) Cr.P.C., in view of the dictum of the Apex Court in Sushila Aggarwal v. State (NCT of Delhi).ratio¶12
In the event of arrest, the applicant Shiva Singh is to be released on anticipatory bail in case crime No.469 of 2024 on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O., subject to seven enumerated conditions including availability for interrogation, no inducement or tampering with evidence, no departure from India without prior permission, no pressurising prosecution witnesses, appearance before the trial court, and loss of benefit on breach.ratio¶13

Detailed headnote1 paragraphs

Anticipatory bail granted. First anticipatory bail application under Section 482 BNSS in case crime No.469 of 2024 (Section 309(6) BNS), P.S. Gomti Nagar, District Lucknow, arising from an FIR regarding an incident of 20.09.2024 at about 09.45 P.M. in which three motorcycle-borne persons allegedly looted the applicant of her purse and valuables. The FIR was lodged against unknown persons and the applicant's involvement was shown only on the basis of the alleged confessional statement of a co-accused; the applicant's previous criminal history of 14 cases stood explained. Without expressing any opinion on the merits, the Court held that the applicant's liberty may be protected till filing of the police report u/s 173(2) Cr.P.C. in view of the dictum of the Apex Court in Sushila Aggarwal v. State (NCT of Delhi). The application was allowed: in the event of arrest, the applicant is to be released on a personal bond with two sureties, subject to conditions covering availability for interrogation, abstention from tampering or inducement, no exit from India without prior permission, non-intimidation of prosecution witnesses, and attendance before the trial court.

Neutral Citation No. - 2025:AHC-LKO:21596

Court No. - 13

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 329 of 2025 Applicant :- Shiva Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sudhaker Prakash Counsel for Opposite Party :- G.A.

Hon'ble Manish Mathur,J.

Heard learned counsel for applicant and learned A.G.A. for opposite party no.1-State. Notice to opposite party no.2 stands dispensed with. Supplementary affidavit filed today is taken on record.

First anticipatory bail application has been filed with regard to case crime No.469 of 2024, under Section 309(6) BNS, P.S. Gomti Nagar, District Lucknow.

As per contents of first information report, incident is said to have taken place on 20.09.2024 at about 09.45 P.M. when three motorcycle borne persons allegedly looted the applicant of her purse and valuables.

It has been submitted by learned counsel for applicant that he has been falsely implicated in the charges levelled against him which could be evident from the fact that FIR has been lodged against unknown persons and applicant's name is shown to be involved only on the basis of alleged confessional statement of co-accused from whom recovery of mobile has been made. It is submitted that there is no direct or even indirect evidence against applicant of complicity in the allegations levelled against him. It is submitted that previous criminal history of 14 cases has already been explained in supplementary affidavit.

Learned A.G.A. has opposed anticipatory bail application but admits that previous criminal history has been explained.

Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it appears that FIR has been lodged against unknown persons and applicant's involvement has been shown only on the basis of alleged confessional statement of co-accused.

Previous criminal history has been explained.

Without expressing any opinion on the merits of the case, I am of the opinion that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 .

In view of the above, it is provided that in the event of arrest, the applicant- Shiva Singh shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:-

(i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required;

(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/her from disclosing such facts to the court or to any police officer or tamper with the evidence;

(iii) that the applicant(s) shall not leave India without the previous permission of the court;

(iv) that in case charge-sheet is submitted the applicant(s) shall not tamper with the evidence during the trial;

(v) that the applicant(s) shall not pressurize/ intimidate the prosecution witness;

(vi) that the applicant(s) shall appear before the trial court on each date fixed unless personal presence is exempted;

(vii) that in case of breach of any of the above conditions, benefit of this order would not be available to applicant(s).

9. The application stands allowed .

Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Order Date : - 17.4.2025/Subodh/-