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Neutral Citation No. - 2025:AHC:34578 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12098 of 2024 Applicant :- Ambuj Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Himanshu Vikram Singh,Pradeep Singh Sengar Counsel for Opposite Party :- Devendra Mani Tiwari,G.A.,Shiv Charan Tripathi Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant,learned counsel for the informant and learned A.G.A. for the State. 2. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case Crime No. 170 of 2024, under Sections 467, 468, 471, 420, 406, 506 IPC, Police Station- Maharajganj, District- Jaunpur, during the pendency of the investigation. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Allegation against the applicant in the first information report is that he introduced informant to co-accused, thereafter, co-accused and informant were engaged in transferring the amount. No amount has been transferred in the applicant's account. Prima facie, no offence under alleged sections is made out against the applicant. 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 cooperate with the investigation. 4. Per contra, learned AGA and learned counsel for the informant vehemently opposed the anticipatory bail application of the applicant and submitted that, prima facie, offence is made out against the applicant. Further, during investigation, Investigating Officer has collected sufficient evidence against the applicant. Hence, applicant should not be released on anticipatory bail. 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- Ambuj Maurya, who is involved in the aforesaid crime, be released on anticipatory bail till submission of police report U/s 173(2) Cr.P.C./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 by them 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 applicants.
9. The application stands allowed.
Order Date :- 10.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad