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2025 DAILYLAW 110436 (ALL)

IMRAN BHATI AND ANOTHER v. STATE OF U.P.

NABAIL/12346/2024 · 2025-04-02

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:46277 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 12346 of 2024 Applicant :- Imran Bhati And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Mishra,Suneel Kumar Rai Counsel for Opposite Party :- G.A.,Ravindra Kumar Mishra Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicants, Sri Ravindra Kumar Mishra, counsel for the informant as well as Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 437 of 2024, under Sections 420, 467, 468, 471, 406, 506 IPC, Police Station Tronica City, District Ghaziabad. 3. Counsel for the applicants contends that the applicants have been falsely implicated in the present case. The case is purely civil in nature. Breach of agreement will give rise to civil liability. No offence is made out against the applicants. Further, during the pendency of the investigation, the parties have entered into a compromise. The compromise deed dated 03.03.2025 is annexed as Annexure-SA-1 to the supplementary affidavit. At present no dispute survives between the parties. The applicants have no criminal antecedents. The investigation is going on and the applicants have apprehension of their arrest in the above mentioned case. 4. Sri Ravindra Kumar Mishra, learned counsel for the informant does not dispute the submission raised by the counsel for the applicants. He submits that the informant has no objection, if the applicants are granted anticipatory bail. 5. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations and antecedents of the applicants, in particular the fact that the case is purely civil in nature, during the pendency of the investigation, the parties have entered into a compromise, the informant has no objection, if the applicants are granted anticipatory bail, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicants Imran Bhati and Abdul Hasan 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 applicants 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 applicants 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 applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicants shall surrender their passport, if any, to the concerned Court forthwith. Their passport will remain in custody of the concerned Court. (v) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicants 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 313 of Cr.P.C. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 3.4.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad