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Neutral Citation No. - 2025:AHC:15910 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11677 of 2024 Applicant :- Sagar Sharam Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Imran Mabood Khan Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State-opposite party and perused the material placed on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 337 of 2024, under Sections 318(4), 111(B) (2) BNS and Section 66 I.T.Act Police Station Phase-3, District Gautam Budh Nagar. 3. Counsel for the applicant submits that the applicant was not arrested at the spot. The name of the applicant has been disclosed by the co-accused persons who were present at the spot. The said statement is unreliable. The owner of the alleged building/premises is Deep Chandra. The rent agreement of the aforesaid premises has been executed by one Aslam. The applicant has no concern with the alleged call centre. He is not responsible for the day to day activities of the said call centre. No recovery of any incriminating document/material has been made from the applicant. At this stage, there is no credible evidence to link the applicant with the offence. It is further contended that on similar allegations in Case Crime No. 469 of 2024, under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2), 316(2), 111 B.N.S. and Section 66D of I.T. Act at Police Station-Sector 63 (NOIDA), District-Gautam Budh Nagar, the applicant has been granted anticipatory bail till conclusion of trial, by this Court vide order dated 17.12.2024 passed in Criminal Misc. Anticipatory Bail Application No. 11645 of 2024. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6.
Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that the applicant was not arrested at the spot, the rent agreement of the aforesaid premises has been executed by one Aslam, on similar allegations in Case Crime
No. 469 of 2024, under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2), 316(2), 111 B.N.S. and Section 66D of I.T. Act at Police Station-Sector 63 (NOIDA), District-Gautam Budh Nagar, the applicant has been granted anticipatory bail till conclusion of trial, by this Court, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant- Sagar Sharma be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) BNSS, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station 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 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 and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned. 8. 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. 9.
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 copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present
order.
11. The application stands disposed of.
Order Date :- 5.2.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad