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

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

What the court decided

AI extract

Outcome

Conditional anticipatory bail granted to applicants Abhishek and Shubham Singh in Case Crime No. 369 of 2024 (Sections 108 of B.N.S., P.S. Trans Yamuna, District Agra): in the event of arrest, release till submission of police report under Section 193(3) B.N.S. on a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer, subject to conditions of availability for interrogation, no inducement/threat/promise, and no departure from India without previous permission (passport deposited with S.S.P./S.P.); Investigating Officer may file cancellation application on default of conditions; Investigating Officer directed to conclude investigation preferably within three months, independent of this Court's observations; applicants to produce copy of order before S.S.P./S.P. within ten days; application stands disposed of.

Issue for consideration

Whether applicants Abhishek and Shubham Singh are entitled to anticipatory bail in Case Crime No. 369 of 2024 under Section 108 B.N.S. (P.S. Trans Yamuna, District Agra), given counsel's contention that the necessary ingredients of the offence are not made out per the first information report and that no substantive evidence exists against them at this stage. +1 more

Court's answer

Having regard to the submissions made, the nature of accusations and the antecedents of the applicants, and because as per the allegations in the first information report the necessary ingredients to constitute the offence under Section 108 B.N.S. are not made out and there is no substantive evidence against the applicants at this stage, the applicants are entitled to be enlarged on anticipatory bail till the submission of police report, without commenting on the merits of the case.

Ratio / Principle

In the event of arrest, the applicants Abhishek and Shubham Singh are to be released on anticipatory bail in Case Crime No. 369 of 2024 till the submission of police report 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 concerned, subject to the stated conditions (availability for interrogation; no inducement, threat or promise to dissuade disclosure; no departure from India without previous permission, passport to be deposited with the S.S.P./S.P.); in default of any condition the Investigating Officer may file an application for cancellation of the anticipatory bail.

Key takeaways

The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously, preferably within 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; the applicants are to produce a copy of the order before the S.S.P./S.P. concerned within ten days, who shall ensure compliance.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Vivek Varma, J.; Order dated 24.1.2025) granted conditional anticipatory bail under Section 482 of B.N.S.S. to applicants Abhishek and Shubham Singh in Case Crime No. 369 of 2024 (Sections 108 of B.N.S. — abetment of commission of suicide, P.S. Trans Yamuna, District Agra), confined till the submission of police report under Section 193(3) B.N.S. Finding that, as per the allegations in the first information report, the necessary ingredients of the Section 108 B.N.S. offence were not made out and that at that stage there was no substantive evidence against the applicants, and expressly without commenting on the merits of the case, the Judge held the applicants entitled to be enlarged on anticipatory bail in the event of arrest on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions of availability for interrogation, abstention from inducement, threat or promise, and no departure from India without previous permission (passport to be deposited with S.S.P./S.P.). The Investigating Officer was directed to conclude the investigation expeditiously, preferably within three months of production of a copy of the order, independently of the Court's observations; on default of conditions he may seek cancellation. Counsel for the applicants had placed reliance on Amalendu Pal vs. State of West Bengal (Crl. Appeal No. 2091 of 2009, SC, decided 11.11.2009); the learned A.G.A. opposed but could not satisfactorily dispute the submissions from the record. The application stands disposed of.

Neutral Citation No. - 2025:AHC:13205

Court No. - 67

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 604 of 2025 Applicant :- Abhishek And Another Opposite Party :- State of U.P. Counsel for Applicant :- Gagan Pratap Singh Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Heard counsel for the applicants, learned A.G.A. for the State and perused the material placed on record.

This application under Section 482 of B.N.S.S. has been filed seeking anticipatory bail in Case Crime No.369 of 2024, under Sections 108 of B.N.S., Police Station Trans Yamuna, District Agra.

Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. As per the allegations in the first information report, the necessary ingredients to constitute the offence under Section 108 B.N.S. are not made out. The applicants, in no manner, abetted the commission of suicide by the deceased. In support of his submission, counsel for the applicants has placed reliance on the judgement of the Hon'ble Supreme Court in the case of Amalendu Pal vs. State of West Bengal (Criminal Appeal No. 2091 of 2009) decided on 11.11.2009 . It is next submitted that the investigation is going on and the applicants have apprehension of their arrest in the above mentioned case. The applicants have no criminal antecedents.

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

Counsel for the applicants 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 applicants, considering the nature of accusations, antecedents of the applicants and the fact that as per the allegations in the first information report, the necessary ingredients to constitute the

offence under Section 108 B.N.S. are not made out. At this stage, there is no substantive evidence against the applicantS, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report.

In the event of arrest, the applicants- Abhishek and Shubham Singh 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 applicants shall make themselves available for interrogation by a police officer as and when required;

(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 from disclosing such facts to the Court or to any police officer;

(iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them, 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 applicants.

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 applicants.

The applicants are 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 :- 24.1.2025/Manish Kr

Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad