ABHILASH SHARMA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NABAIL/1019/2025 · 2025-02-09
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15765 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15765 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:19091 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1019 of 2025 Applicant :- Abhilash Sharma And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Somdev Dixit 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 (under section 482 B.N.S.S.) has been moved seeking bail in Case Crime No.650 of 2024, under Sections 420, 467, 468, 471 & 406 I.P.C., P.S.Tundla, District Firozabad.
3. Learned counsel for the applicants submits that applicant are innocent and have been falsely implicated in the present case. Allegation in the FIR is that applicants took loan after mortgaging the property in dispute. It is a civil nature dispute. Investigation is going on. Applicants have no criminal history. 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 with the contention that the applicants are not entitled for anticipatory bail as prima facie case is made out.
5. Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedents, the applicant is 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 Abhilash Sharma, Ashok & Arun @ Arun Kumar Sharma, who are involved in the aforesaid crime, be released on anticipatory bail till submission of police report under section 173(2) Cr.P.C. on 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 themself 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 :- 10.2.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad