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2025 DAILYLAW 112458 (ALL)

CHHEDILAL v. STATE OF U.P.

ABAIL/12142/2024 · 2025-05-14

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80485 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12142 of 2024 Applicant :- Chhedilal Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Third supplementary affidavit, filed by the counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant as well as Sri N.K. Sharma, learned A.G.A. for the State and perused the material placed on record. 3. This application under section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No.143 of 2019, under section 420, 120B I.P.C., P.S. Bilhaur, District Kanpur Nagar. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant was a bona fide purchaser of the land in dispute through sale deed executed in the year 2009. The sale consideration as well as the stamp fees were duly paid by the applicant. At this stage there is no credible evidence to link the applicant with the offence. Iinvestigation has been completed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court vide order dated 21.2.2023. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 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 applicant, considering the nature of accusations and antecedents of the applicant and the fact that the sale consideration as well as the stamp fees were duly paid by the applicant; at this stage there is no substantive evidence to link the applicant with the offence, the fact that the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Chhedilal, 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 applicant shall make himself available on each and every date fixed in the matter 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 from disclosing such facts to the Court; (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 his before the concerned court. 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 :- 15.5.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad