Mukesh Kumar Dubey Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Heard Shri Sachin Tiwari, the learned counsel for the applicant, Shri Ashok Kumar Singh, the learned AGA for the State and Suresh Chandra Tiwari, the learned counsel for the complainant.

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On 23.06.2025, after hearing learned counsel for the applicant and learned A.G.A. for the State, a co-ordinate Bench of this Court had passed the following order:

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"Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No.36 of 2025, under Sections 420, 406 I.P.C., Police Station Kandhai, District Pratapgarh.

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Contention of learned counsel for the applicant is that the applicant is innocent and he has been falsely implicated in the present case. He submits that admittedly there was some money transactions between the parties and if any amount remains to be repaid, the same shall be given by the applicant. He also submits that the allegations made in the F.I.R. are concocted and false and the applicant is undertaking that he will co-operate with the investigating proceedings and he will remain present before the Investigating Officer as and when required. He further submits that the applicant has no previous criminal history and he is a law abiding citizen and he has acute apprehension of being arrested by the police, as such, he may be granted anticipatory bail which he will not misuse.

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On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that the applicant is named in the F.I.R. and there is sufficient proof that he has committed cheat and fraud, as such, he is not entitled to any relief.

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Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court find it to be a fit case of interim anticipatory bail.

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Till the next date of listing, the present applicant Mukesh Kumar Dubey shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each

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NABAIL No. 669 of 2025

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2

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in the like amount to the satisfaction of the court concerned with the following conditions:-

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

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

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

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

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(v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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(vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

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Issue notice to the opposite party no.2 returnable at an early date. Steps be taken within one week.

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List/put up this matter in second week of August 2025 as fresh.

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In the meantime, learned counsel for the opposite parties shall file their counter affidavit.

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It is further provided that the applicant shall appear before the Investigating Officer on 3rd July 2025 at 2.00 pm and subsequent thereto as per the requirement of the Investigating Officer failing which the Investigating Officer shall inform this Court in writing."

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The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge-sheet dated 23.03.2025. The complainant has also filed a counter affidavit.

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The learned AGA did not point out any violation of the conditions of interim anticipatory bail by the applicant. Nothing has come to light which may persuade this Court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant.

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In view of above, the interim order dated 23.06.2025 is made absolute and the anticipatory bail application is allowed in terms of the aforesaid interim order.

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October 6, 2025 -Amit K-

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(Subhash Vidyarthi,J.)

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

Mukesh Kumar Dubey v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Mukesh Kumar Dubey v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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