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Neutral Citation No. - 2025:AHC:40074 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 12328 of 2024 Applicant :- Ankit Singh Opposite Party :- State of U.P. Counsel for Applicant :- Prateek Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Supplementary affidavit filed by counsel for the applicant is taken on record. 2. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the material placed on record. 3. This application under Section 482 of B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 560 of 2024, under Sections 308(5), 191(2), 115(2), 351(2), 127(2) of B.N.S., Police Station Robertsganj, District Sonbhadra. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. In the first information report the applicant along with seven named co-accused and 5-6 unknown persons are nominated. A vague and general role has been assigned to the applicant. There is no independent witness to the alleged recovery. The money was withdrawn from the ICICI Bank ATM by the informant on his own. At this stage, there is no credible evidence to link the applicant with the offence. Identically placed co-accused Teju Yadav @ Himanshu Yadav and another, Manu Chaurasiya @ Abhimanyu Chaurasiya and Jai Hind Yadav alias Jayendra Yadav have been granted protection till submission of police report by this Court vide orders dated 18.10.2024, 11.11.2024 and 13.11.2024 respectively. Prior to this instant case, the applicant was involved in Case Crime No.381 of 2022, under Sections 147, 323, 325, 504, 506 I.P.C., P.S. Robertsganj, District Sonbhadra and Case Crime No.670 of 2023, under Sections 323, 504, 506 I.P.C. and 3(2)(va), 3(1) द SC/ST Act, P.S. Robertsganj, District Sonbhadra. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations and the fact that a vague and general role has been assigned to the applicant.
There is no independent witness to the alleged recovery. At this stage, there is no credible evidence to link the applicant with the offence. Identically placed co-accused Teju Yadav @ Himanshu Yadav and another, Manu Chaurasiya @ Abhimanyu Chaurasiya and Jai Hind Yadav alias Jayendra Yadav have been granted protection till submission of police report by this Court. Without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 8. In the event of arrest, the applicant- Ankit Singh be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) B.N.S.S., 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 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 Police Commissioner concerned.
9. 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.
10. 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.
11. 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.
12. The application stands disposed of.
Order Date :- 19.3.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad