VIRENDRA @ PAPPU AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
NABAIL/1137/2025 · 2025-02-27
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13048 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13048 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:28346 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1137 of 2025 Applicant :- Virendra @ Pappu And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pavanesh Kumar Yadav Counsel for Opposite Party :- G.A.,Kumari Poonam Rajpoot,Prem Babu Verma Hon'ble Deepak Verma,J.
1. Heard Sri Pavanesh Kumar Yadav, learned counsel for the applicants, Sri Prem Babu Verma, learned counsel for the informant, learned A.G.A. for the State and perused the record. 2. The instant anticipatory bail application has been moved by the applicants for enlarging them on anticipatory bail in Case Crime No.94 of 2021, under Sections 420, 467, 468, 471, 406, 506 I.P.C., P.S. Dibai, District Bulandshahar, during pendency of trial. 3. It is submitted by learned counsel for the applicants that applicants are innocent and have been falsely implicated in the present case due to ulterior motive. I.O. has not collected any evidence against the applicants and has submitted final report, thereafter, informant moved protest application and on protest, applicants have been summoned in the aforesaid sections. On perusal of statement and evidence collected by I.O., no money has been transferred in the account of applicant and during investigation, informant and applicant entered into compromise. In case, the applicant is released on bail, he would not misuse the liberty of bail and would co-operate in trial proceedings. 4. Learned counsel for the informant has vehemently opposed the prayer for bail and has submitted that prima facie offence is made out against the applicants. From record, it is apparent that applicant promised to informant for providing job and took money and issued fabricated joining letter. I.O. has submitted charge sheet. On perusal of FIR and material evidence collected during investigation, prima facie, offence is made out against the applicant. It is not a case of false implication. The applicants are not entitled for any indulgence by this Court. Hence, the anticipatory bail application of the applicants may be rejected. 5. The object of Section 482 of BNSS is that a person should not
be unnecessarily harassed or humiliated in order to satisfy personal vendetta or grudge of complainant or any other person operating the things directly or from behind the curtains. 6.
It is well settled that discretionary power conferred by the legislature on this Court cannot be put in a straitjacket formula but such discretionary power either grant or refusal of anticipatory bail has to be exercised carefully in appropriate cases with circumspection on the basis of the available material after evaluating the facts of the particular case and considering other relevant factors (nature and gravity of accusation, role attributed to accused, conduct of accused, criminal antecedents, possibility of the applicant to flee from justice, apprehension of tempering of the witnesses or threat to the complainant, impact of grant of anticipatory bail in investigation or society etc.) with meticulous precision maintaining balance between the conflicting interest, namely, sanctity of individual liberty and interest of society. 7. Considered the argument raised by counsel for the applicants and perused the record. Without expressing any opinion on merits of the case and considering the submissions advanced, the nature and gravity of the accusation, I find no good ground for granting anticipatory bail to the applicants in the aforesaid case. No interference is warranted. 8. Accordingly, the anticipatory bail application of the applicants, namely, Virendra @ Pappu and Hakim Singh, is hereby rejected. 9. However, if the applicants surrender before the concerned court within two weeks from today and apply for regular bail, the bail application shall be decided expeditiously by the court concerned, in accordance with law laid down by the Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 10. For the period of two weeks from today or till the time of surrender of the applicants before the court below, whichever is earlier, no coercive action shall be taken against the applicants. Order Date :- 28.2.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad