TRIVENI PRASADversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 9707 of 2026

Triveni Prasad
                                                           .....Applicant(s)
                                  Versus

State of U.P.
                                                               .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)                           :   Ram Tiwari
Counsel for Opposite Party(s)                      :   G.A.

Court No. - 71
                 HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard Learned counsel for the applicant and Learned A.G.A. for the
State as well as perused the record.

2. The present anticipatory bail application has been filed on behalf of the
applicant in Sessions Trial No.65 of 2017 (State versus Ram Singh
Yadav) arising out of Case Crime No.171 of 2014 under Sections 436,
506 IPC, Police Station Charwa, District Kaushambi, with a prayer to
enlarge him on anticipatory bail as the applicant apprehends his arrest in
the abovementioned case.

3. Learned counsel for the applicant submits that the applicant has been
falsely nominated in the FIR. The informant is the real brother of the co-
accused Ram Singh. The dispute between brothers may have led to an
incident in which the applicant has been falsely implicated. Learned
counsel has further submitted that the applicant was exonerated during
investigation and has been summoned to face trial by the Trial Court in
exercise of powers under Section 319 Cr.P.C. vide order dated
11.03.2024. Learned counsel has further submitted that the applicant has a
criminal history of one other case, being Case Crime No.264 of 2008,
which was lodged by the wife of the informant and it is due to this
previous enmity that the applicant has been nominated in the present case.
In the previous case also, the applicant was exonerated during
investigation and a final report was filed. The applicant claims not to have
received any summons post filing of the said final report.
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4. Learned A.G.A. has opposed the prayer for bail but could not dispute
the factual submissions made by the Learned counsel for the applicant.

5. I have considered the submissions made by the Learned counsels for
the parties.

6. The applicant was exonerated during investigation. He has been
summoned by the Trial Court in exercise of powers under Section 319
Cr.P.C. The previous criminal antecedent of the applicant has been duly
explained and in the opinion of the Court, implication of the applicant on
account of previous enmity cannot be ruled out.

7. Taking into account the facts and circumstances of the case, I deem it
appropriate to enlarge applicant on anticipatory bail.

8. In view of the above, the anticipatory bail application of the applicant
is allowed.

9. The applicant - Triveni Prasad shall appear before the trial Court
within four weeks from today and shall be released on bail on filing his
personal bond and surety to the satisfaction of the Court concerned with
the following conditions:-

i. The applicant shall remain present before the trial Court on each date
fixed unless exempted by the trial Court;

ii. 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;

iii. The applicant shall not leave India without the previous permission of
the Court;

iv. The applicant shall not pressurize/intimidate the prosecution witness;

10. In case of breach of any of the above conditions, the Court concerned
shall be at liberty to cancel the bail.

11. It is made clear that observations made hereinabove are exclusively
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                                    for deciding the instant anticipatory bail application and are not to be
                                    considered to be an opinion on the merits of the case.



                                                                                  (Rajiv Lochan Shukla,J.)
                                    September 18, 2026
                                    A. Pandey




Digitally signed by :-
ANAND PANDEY
High Court of Judicature at Allahabad