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2025 DAILYLAW 113296 (ALL)

RAVINDRA KUMAR v. STATE OF U.P. AND ANOTHER

ABAIL/12295/2024 · 2025-05-14

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80538 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12295 of 2024 Applicant :- Ravindra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- Dhiraj Kumar Pandey,G.A. Hon'ble Vivek Varma,J. 1. Case called out in the revised list. Counsel for the informant is not present. 2. Copy of C.D. No.9 dated 28.1.2025, produced by learned AGA, is taken on record. 3. Heard learned counsel for the applicant as well as Sri Rishi Chaddha, learned A.G.A. for the State and perused the material placed on record. 4. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.562 of 2024, under sections 406, 420, 328, 385 I.P.C., P.S. Sadar Bazar, District Saharanpur. 5. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. No money has been transferred by the informant in the account of the applicant. In this regard reliance has been placed on C.D. No.9 dated 28.1.2025. The applicant was not a beneficiary of the illicit transaction. There is no allegation in the first information report that the applicant had administered poisoness substance or intoxicating substance to the informant. The case of the applicant is clearly distinguishable from that of co- accused Arti. At this stage there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 6. Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 8. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, the fact that no money was transferred by the informant in the account of the applicant; there are no allegations in the first information report that the applicant had administered poisoness substance or intoxicating substance to the informant; at this stage there is no substantive evidence to link the applicant with the offence, 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. 9. In the event of arrest, the applicant Ravindra Kumar be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 173 (2) Cr.P.C., 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 S.S.P./S.P. concerned. 10. 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. 11. 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. 12. 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. 13. The application stands disposed of. Order Date :- 15.5.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad