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2025 DAILYLAW 16122 (ALL)

MOHANVEER v. STATE OF U.P.

NABAIL/1469/2025 · 2025-04-30

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68652 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1469 of 2025 Applicant :- Mohanveer Opposite Party :- State of U.P. Counsel for Applicant :- Satyendra Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Sri Neeraj Kumar Sharma, learned A.G.A. submits that he has received instructions and he has no objection if the present application is decided on merits. 2. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 226 of 2011, under Sections 406, 420, 467, 468, 471 I.P.C., Police Station - Loni, District- Ghaziabad, during the pendency of trial. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. During the pendency of investigation, the applicant along with another accused filed Criminal Misc. Writ Petition No.14206 of 2011 (Mohanveer and another vs. State of U.P. and others). In the aforesaid petition, the applicant was granted protection till submission of charge sheet vide order dated 27.7.2011 with the condition to deposit a sum of Rs.1,50,000/- with the department concerned. Pursuant to said order, the applicant and another accused deposited Rs.1,50,000/-. The deposit receipt has been annexed as Annexure-5 to the present application. It is next contended that investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and the fact that pursuant to order passed by this Court dated 27.7.2011, the applicant and another accused had deposited the disputed amount; charge sheet has been filed; the applicant had cooperated in the investigation; no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Mohanveer, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make himself available on each date fixed in the matter by the court concerned; (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; (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 concerned court. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 1.5.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad