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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8216 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Ran Vijay Singh, learned counsel for the applicant, Shri B.P. Maurya, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no.509 of 2023, under Sections 406, 420, 467, 468, 471 of IPC, Police Station Kaushambi, District Ghaziabad, with the prayer that in the event of arrest, applicant may be released on bail. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is further submitted that no offence under Sections 406, 420, 467, 468, 471 of IPC is made out against the applicant. It is further submitted that as per first information report, there is allegation that some documents of property, blank cheques were received by the applicant from the first informant in connection with deal of some property. It is further submitted that the said blank cheques have not been encashed as the first informant herself has stated that the payment of cheques were made stopped. It is also submitted that the applicant has credited the total amount of Rs.3,82,000/- in the account of first informant and a compromise is also being arrived between the applicant and the first informant outside the Court. It is also submitted that the applicant has no criminal history. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions Versus Counsel for Applicant(s) : Ran Vijay Singh Counsel for Opposite Party(s) : G.A. Vishal Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
of bail. 4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail. 5. As per first information report, the allegation against the applicant is that he along with other co-accused persons received some documents and blank cheques from the first informant regarding some deal of property but the same were not returned to the first informant.
The blank cheques have not been encashed as the first informant herself has made the payment stopped. It is also submitted that the applicant has deposited the total amount of Rs.3,82,000/- in the account of first informant. It is further submitted that the applicant is having no criminal history. 6. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicant- Vishal Kumar involved in the aforesaid case crime shall be released on anticipatory bail on their 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 not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned; (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/her/them from disclosing such facts to the Court or to any NABAIL No. 8216 of 2025 2
police officer; (iii) The applicant would co-operate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 10.
In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. October 9, 2025 RKM NABAIL No. 8216 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad