Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:23630 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 761 of 2025 Applicant :- Vikash Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sabya Sachee Rai,Suneel Kumar Rai Counsel for Opposite Party :- Abhishek Gupta,G.A. Hon'ble Deepak Verma,J.
1. Heard Sri Suneel Kumar Rai, learned counsel for the applicant, Sri Abhishek Gupta, learned counsel for the informant, learned AGA for the State and perused the material placed on record. 2. This anticipatory bail application has been moved seeking bail in Case Crime No. 03 of 2025, under Sections 420, 467, 468, 471, 506 I.P.C., P.S. Sector-113, (Commissionerate Gautam Budh Nagar), District Gautam Budh Nagar, till the conclusion of trial. 3. Allegation in the FIR is that applicant after getting sale deed in his favour has made payment through cheque, which was dishonored, hence the present FIR has been lodged. Counsel for the applicant submits that applicant has been falsely implicated in the present case. Civil suit is pending between the parties, moreover, applicant and informant have compromised the matter and compromise deed has been filed before the I.O. Applicant has criminal history, the same has been explained in bail application. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would co-operate with the investigation. 4. Learned AGA has not made any objection and he has supported the version of applicant's counsel further he has submitted that parties have compromised the matter. 5. Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98. 6.
Let the applicant- Vikas Yadav, who is involved in the aforesaid
crime, be released on anticipatory bail till submission of police report 193(3) (i) BNSS, on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions :- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (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 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 and if he has passport, the same shall be deposited before the S.S.P./S.P. concerned.
7. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
8. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
9. The instant anticipatory bail application stands allowed.
Order Date :- 19.2.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad