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Neutral Citation No. - 2025:AHC:27625 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1354 of 2025 Applicant :- Dinesh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Mohan Pandey,Deepak Sharma Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants, learned AGA on behalf of the State and perused the record.
2. This anticipatory bail application has been moved seeking bail of the applicants in Case Crime No.309 of 2024, under Sections 420, 467, 468, 471, 323, 427, 506 I.P.C., P.S.Quarsi, District Aligarh, during the pendency of trial.
3. Learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicants next submits that co-accused Dilshad & Manju Devi have been granted anticipatory bail till submission of police report under section 173(2) Cr.P.C. by this Court by orders dated 24.01.2025 &
15.01.2025. Applicants' case is similar with co-accused who have been granted anticipatory bail. Applicants have no criminal history to their credit. In case, the applicants are released on bail, they would not misuse the liberty of bail and would cooperate with the investigation.
4. Learned AGA opposed the prayer for anticipatory bail of the applicants.
5. Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedents, the applicants are 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 applicants- Dinesh, Devendra, Kumari Bharti, Bhudevi and Deepak Kumar, who is involved in the aforesaid
crime, be released on anticipatory bail till submission of police report under section 173(2) Cr.P.C./193(3) (i) BNSS on their 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 applicants shall make themselves available for interrogation by a police officer as and when required; (ii) The applicants 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 applicants shall not leave India without the previous permission of the Court and if they have 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 applicants.
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 :- 27.2.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad