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Neutral Citation No. - 2025:AHC:63101 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1166 of 2025 Applicant :- Rahul And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mithilesh Kumar Shukla,Sudhir Kumar Shukla Counsel for Opposite Party :- G.A.,Mohammad Zafar Yab Khan,Shahroze Khan Hon'ble Vivek Varma,J.
1. Supplementary affidavit filed by the counsel for the applicants, is taken on record. 2. Heard Mr. Mithilesh Kumar Shukla, learned counsel for the applicants, Mr. Durgvijay Singh, Advocate holding brief of Mr. Shahroze Khan, counsel for the informant as well as Mr. Neeraj Kumar Sharma, learned AGA for the State, and perused the material placed on record. 3. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 591 of 2024, under Sections 420, 467, 468, 471, 504, 506 IPC, Police Station Khair, District Aligarh. 4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. The alleged sale deed was executed by one Vinod Kumar. The sale consideration was also credited in the account of Vinod Kumar. The applicants have no concern with the alleged transaction. The case of the applicants is clearly distinguishable from that of Vinod Kumar. At this stage, there is no credible evidence to link the applicants with the offence. The applicants have no criminal antecedents. It is next submitted that the investigation is pending and the applicants have apprehension of their arrest in the above mentioned case. 5. Learned AGA opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Learned counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations and antecedents of the applicants, in particular the fact, that the alleged sale deed was executed by one Vinod Kumar, the sale consideration was also credited in the account of co-accused Vinod Kumar, at this stage, there is no credible evidence to link the applicants with the offence, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report. 8.
8. In the event of arrest, the applicants- Rahul, Satendra and Smt. Bhoori Devi 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 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 him 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. 9. 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. 10. 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 applicants. 11. The applicants are 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.
12. The application stands disposed of.
Order Date :- 24.4.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad