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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7949 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Heard counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 2. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.248 of 2024, under Sections 420, 467, 468, 471, 447, 506, 120-B I.P.C., Police Station- Crossing Republic, District- Ghaziabad. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The case is purely civil in nature. The opposite party no.2 has attempted to cloak it with a criminal flavour to harass the applicant. The disputed property was sold by co-accused Anshuman Gupta in favour of the informant on 18.01.2022. Thereafter, on 19.02.2022 the said property was sold to the applicant. Earlier, on 19.6.2024 the applicant filed an application under Section 156(3) Cr.P.C. in the court of A.C.J.M.-II, Ghaziabad for registration of F.I.R. against the informant. Thereafter, on 10.7.2024 the applicant filed an application under Section 175(3) B.N.S.S. in the court of C.J.M., Ghaziabad, for registration of F.I.R. against co-accused Anshuman Gupta and the informant. In counterblast to the said proceedings, the instant prosecution has been instituted against the applicant. The disputed property is not in possession of the applicant. The applicant himself is the victim of fraud. At this stage there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. Investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5.
Having regard to the submissions made by counsel for the applicant, Versus Counsel for Applicant(s) : Ashish Kumar Srivastava, Ashruti Kesarwani Counsel for Opposite Party(s) : G.A. Rahul Kumar Rawat .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
considering the nature of accusations, antecedents of the applicant, and, in particular, the fact that the case is purely civil in nature; earlier, on 19.6.2024 the applicant filed an application under Section 156(3) Cr.P.C. in the court of A.C.J.M.-II, Ghaziabad for registration of F.I.R. against the informant; thereafter, on 10.7.2024 the applicant filed an application under Section 175(3) B.N.S.S. in the court of C.J.M., Ghaziabad, for registration of F.I.R. against co-accused Anshuman Gupta and the informant; at this stage there is no substantive evidence to link the applicant with the offence; without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Rahul Kumar Rawat, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 them from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.
(v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S.
7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. September 25, 2025 Manish Kr NABAIL No. 7949 of 2025 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad