VIPIN JAISWALversusSTATE OF U.P. THRU. SECY. HOME DEPTT. U.P. GOVT. LKO. AND ANOTHER

Court No. - 4

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S
482 BNSS No. - 578 of 2025

Applicant :- Vipin Jaiswal
Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko.
And Another
Counsel for Applicant :- Pawan Kumar Pandey
Counsel for Opposite Party :- G.A.

Hon'ble Jaspreet Singh,J.

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

2.    The instant application has been moved
seeking anticipatory bail in respect of Case Crime
No.423 of 2024, under Sections-319(2), 318(4),
338, 336(3), 340(2) B.N.S. Police Station Phool
Behad, District Kheri during the pendency of the
investigation.

3.     Submission of learned counsel for the
applicant is that the applicant has been falsely
implicated. It is urged that the co accused Gaurav
Jaiswal has been granted anticipatory bail by the
court below, a copy whereof is annexed as
Annexure No.4 (page no.36) while co accused
Pankaj Jaiswal has been granted regular bail by the
court below, a copy whereof is annexed as
Annexure No.5 (page no.39). The applicant has a
criminal history of one case as has been
mentioned in paragraph 7 of the present
application.

4. It is further urged that as per the allegations,
the premises of a co-accused from where certain
'dhakan' were recovered and on his statement, the
name of the applicant surfaced. Moreover, no
recovery was made from the applicant nor he is
connected with the alleged incident.

5. It is further submitted that the applicant has
cooperated during investigation and he has roots
in the society. There is no manner in which the
applicant at this stage can influence any witness
or tamper with any evidence and the applicant is
ready to cooperate with the investigation as such
he is entitled for benefit of anticipatory bail.
                                         6.    Learned AGA has opposed the aforesaid the
                                         anticipatory bail but could not dispute the
                                         aforesaid facts.

                                         7. Considering the fact that the applicant does not
                                         have any criminal history and that he has stable
                                         household at this stage, this Court is of the view
                                         that the interim protection can be granted to the
                                         applicant.

                                         8. Let counter affidavit be filed within two weeks
                                         from today, with an advance copy to the learned
                                         counsel for the applicant who may file rejoinder
                                         affidavit, within ten days thereafter.

                                         9.    List this case on 17.7.2025.

                                         10.    As an interim measure, it is provided that till
                                         the next date of listing, in the event of arrest of
                                         the applicant- Vipin Jaiswal in Case Crime No.423
                                         of 2024 (supra), he shall be released on
                                         anticipatory bail on his furnishing a personal bond
                                         to the Station House Officer of the Police Station
                                         concerned/ Investigating Officer/ Arresting Officer
                                         with the following conditions :-

                                         (1) The applicant shall furnish an undertaking to
                                         the investigating officer to cooperate with the
                                         investigation and make himself available for
                                         interrogation or for discovery of any fact by a
                                         police officer as and when required ;

                                         (2) 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 ;

                                         (3) The applicant shall not leave the country
                                         without the previous permission of the Court.

                                         Order Date :- 3.6.2025

                                         Shukla




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