Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 16791 (ALL)

HARDWARI v. STATE OF U.P. AND ANOTHER

NABAIL/1161/2025 · 2025-05-20

Vivek Varma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:86092 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1161 of 2025 Applicant :- Hardwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girja Shanker Sen,Krishna Dutt Awasthi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant as well as Sri P.K.Tripathi, learned AGA for the State, and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 142 of 2019, under Sections 420, 467, 468 IPC, Police Station Sirauli, District Bareilly. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant did not submit any forged land records. Only certified copies of the land records were submitted in support of the loan application. The application and the documents submitted by the applicant were duly scrutinized by the concerned official of the bank. The applicant is paying the loan amount in installments. Further, similarly placed co-accused Rakesh Kumar Singh and Bhoopdei @ Bhagwati, Virendra Singh, Laxmi Narayan and Satyadev Sharma have been granted Anticipatory bail till submission of police report by this Court vide orders dated 27.05.2022, 16.05.2022, 06.07.2022 and 20.07.2022 passed in Criminal Misc. Anticipatory Bail Application Nos. 3171 of 2022, 3219 of 2022, 3243 of 2022 and 6173 of 2022 respectively. 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 pending and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned AGA opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular the fact, that at the time of disbursal of the loan amount the documents submitted by the applicant were duly scrutinized by the concerned official of the bank, similarly placed co-accused Rakesh Kumar Singh and Bhoopdei @ Bhagwati, Virendra Singh, Laxmi Narayan and Satyadev Sharma have been granted Anticipatory bail till submission of police report by this Court, 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. 7. In the event of arrest, the applicant- Hardwari 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 him 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. 8. 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. 9. 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. 10. 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. 11. The application stands disposed of. Order Date :- 21.5.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad