Pradeep and 7 Others vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

Pradeep and 7 Others vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim anticipatory bail granted to all eight applicants in the event of arrest, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions (i)-(iv); on default of any condition the prosecution may seek cancellation. Final decision deferred: notice issued to opposite party no. 2 returnable within six weeks; application listed for 13.08.2025.

Issue for consideration

Whether the applicants (Pradeep and 7 others) are entitled to anticipatory bail in Case Crime No. 134 of 2022 under Sections 147, 452, 354, 323, 504, 506 IPC, P.S. Kamla Nagar, District Agra, in the event of arrest.

Court's answer

Notice is required to be sent to opposite party no. 2, returnable within six weeks, and the application is listed for 13.08.2025; final consideration of the anticipatory bail application is thus deferred pending the opposite party's response.

Ratio / Principle

In the meantime, in the event of arrest, the eight applicants named in the order (Pradeep, Prakash, Sunil, Anil, Deepak, Lalit, Sanju and Devenera) shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to the conditions stated at paras 15-18 (not tampering with evidence and appearing before the trial Court; no inducement, threat or promise; co-operation during trial and no misuse of liberty of bail; not leaving India without prior permission of the concerned court).

Key takeaways

In default of any of the bail conditions, the prosecution shall be at liberty to file an appropriate application for cancellation of the anticipatory bail granted to the applicants.ratio¶19

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Jitendra Kumar Sinha, J.), Order dated 18.6.2025 in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 4255 of 2025 by Pradeep and 7 others: sought anticipatory bail in Case Crime No. 134 of 2022 under Sections 147, 452, 354, 323, 504, 506 IPC, P.S. Kamla Nagar, District Agra, where the FIR alleges that the applicants entered the informant's house and attempted to commit rape with the informant's daughter. Applicants pleaded innocence, no specific assigned role, a counterblast to a 2021 FIR filed by the mother of applicant nos. 2 and 3 against the father of opposite party no. 2, and offered cooperation; learned AGA submitted that the victim supported the allegations in her statement recorded under section 164 Cr.P.C. The Court issued notice to opposite party no. 2 returnable within six weeks and listed the matter for 13.08.2025, meanwhile releasing the eight applicants (Pradeep, Prakash, Sunil, Anil, Deepak, Lalit, Sanju and Devenera) on interim anticipatory bail on a personal bond of Rs. 50,000/- each with two sureties in the like amount, subject to conditions: no tampering with evidence and appearance before the trial Court unless exempted; no direct or indirect inducement, threat or promise; cooperation during trial and no misuse of bail liberty; no leaving India without prior permission. On default of any condition, the prosecution is at liberty to apply for cancellation of the anticipatory bail.

Court No. - 68

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4255 of 2025

Applicant :- Pradeep And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Mishra Counsel for Opposite Party :- G.A.

Hon'ble Jitendra Kumar Sinha,J.

Heard Sri Thakur Kumar Mishra holding brief of Sri Brijesh Kumar Mishra, learned counsel for the applicants and learned AGA for the State and perused the record.

The present application has been moved seeking anticipatory bail in Case Crime No. 134 of 2022, under Sections 147, 452, 354, 323, 504, 506 IPC, P.S. Kamla Nagar, District Agra with the prayer that in the event of arrest, applicants may be released on bail.

Learned counsel for the applicant submitted that applicants are innocent and they have falsely been implicated in the present case. It is further submitted that no specific role has been assigned to the applicants. The mother of applicant nos. 2 and 3 had earlier filed a criminal case against the father of the opposite party no. 2 in the year 2021 and when the trial of the said case commenced, the opposite party has filed this case in order to put pressure on the applicants. It has also submitted that applicants undertake to cooperate during trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

On the other hand, learned AGA for the State submitted that the victim has supported the allegations in their statement recorded under section 164 Cr.P.C.

As per first information information report, allegation against the applicants are that applicants entered into the house of the informant and attempt to commit rape with daughter of the

informant.

Considering the submissions advanced by learned counsel for the applicants and material available on record, notice is required to be sent to opposite party no. 2.

Issue notice to opposite party no. 2 returnable within six weeks.

List this application on 13.08.2025.

In the meantime, in the event of arrest of the applicants- Pradeep, Prakash, Sunil, Anil, Deepak, Lalit, Sanju and Devenera involved in the aforesaid case crime shall be released on interim anticipatory bail on their 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 applicants shall not tamper with evidence and that they would appear before the trial Court on the date fixed unless exempted by the Court concerned;

(ii) The applicants 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/them from disclosing such facts to the Court or to any police officer;

(iii) The applicants would co-operate during trial and would not misuse the liberty of bail.

(iv) The applicants shall not leave India without prior permission of the concerned court.

In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.

Order Date :- 18.6.2025

SY

Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad