Pradeep Singh Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Neutral Citation No. - 2025:AHC-LKO:49192

Court No. - 12

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 98 of 2025

Applicant :- Pradeep Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Arvind Pratap Singh Counsel for Opposite Party :- G.A.,Devendra Pratap Singh

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Hon'ble Karunesh Singh Pawar,J.

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The present bail application has been filed by the applicants apprehending his arrest in Case Crime No.0449 of 2024, under Section 306 IPC, Police Station- Kotwali Colonelganj, DistrictGonda.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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None appears for the complainant.

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The Co-ordinate Bench of this Court vide order dated 30.01.2025 while granting interim protection to the applicant has passed the following order:-

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"1. Heard Sri Arvind Pratap Singh, learned counsel for the applicant and Sri Ram Ji, learned Additional Government Advocate for the State.

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2. Issue notice to opposite party no.2 returnable at an early date, for which, necessary steps be taken within a week.

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3. Office to proceed accordingly.

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4. As per learned counsel for the applicant, the present applicant (Pradeep Singh) is apprehending her arrest in Case Crime/ FIR No.0449 of 2024, under Section 306 IPC, Police Station- Kotwali Colonelganj, District- Gonda.

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5. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged in the First Information Report (in short F.I.R.).

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6. Attention has been drawn towards the impugned FIR, which indicates that for the alleged incident dated 11.03.2024, the

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FIR has been lodged on 19.10.2024 pursuant to the order being passed in an application filed under Section 156 (3) Cr.P.C. The deceased committed suicide by hanging from one mango tree, which was situated in front of the house of the present applicant. He was having no relation with the deceased. As per allegation, there were some monetary transactions of the applicant with the deceased. Even if this prosecution story is taken on its face value, then there would be no overt act or positive act to instigate the deceased to commit suicide and since both the aforesaid conditions are missing, the FIR under Section 306 IPC could not have been lodged. However, investigation is pending and the applicant undertakes that he shall cooperate in the investigation and shall not misuse the liberty of the protection if given by this Court and shall abide by all terms and conditions of the order. He is having his permanent address, therefore, there is no flight risk, so he may be granted anticipatory bail in the light of the dictum of the Apex Court in re; Sushila Aggarwal Vs. State (NCT of Delhi) 2020 SCC Online SC 98.

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7. Learned Additional Government Advocate has opposed the aforesaid prayer by submitting that he may be given some short time to file counter affidavit.

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8. Matter requires consideration.

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9. Let counter affidavit be filed within a period of four weeks.

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10. List in the week commencing 03.03.2025 within top ten cases along with CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION (U/S 482 BNSS) No.85 of 2025.

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11. Till the next date of listing, it is directed that in the event of arrest, applicant (Pradeep Singh) shall be released on interim anticipatory bail in the aforesaid case crime number on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:-

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I.that the present applicant shall appear before the Investigating Officer on 04.02.2025 at 11:00 AM to cooperate in the investigation and shall further cooperate in the investigation till completion of the investigation and filing of the police report, failing which, this interim protection may be withdrawn on the next date.

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II. that the applicant shall make himself available for interrogation by a police officer as and when required;

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III. 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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IV. that the applicant shall not leave India without the previous permission of the court;

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V. that in default of any of the conditions mentioned above, the prosecution shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant;

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VI. that the applicant shall not pressurize/ intimidate the prosecution witness."

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Learned counsel for the applicant submits that allegation in the F.I.R. are baseless and applicant has been falsely implicated. The investigating officer has filed the charge sheet without collecting the cogent and tangible evidence. He submits that in compliance of the order dated 30.01.2025, applicant has filed the bail bonds and has been released on interim anticipatory bail by the learned trial court. Applicant undertakes to cooperate in the trial. Applicant has not misused the liberty of interim protection granted by this Court.

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Learned A.G.A. has vehemently opposed the bail application.

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On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has cooperated in the investigation and he shall cooperate in the trial, the interim protection granted by this Court vide order dated 30.01.2025 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

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It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.

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In view of the aforesaid, the application is allowed.

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Order Date :- 21.8.2025 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Pradeep Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Pradeep Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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