ARVIND SINGH ALIAS RAJU SINGH v. STATE OF U.P. AND ANOTHER
NABAIL/1443/2025 · 2025-04-09
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17617 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17617 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:53085 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1443 of 2025 Applicant :- Arvind Singh Alias Raju Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Rai Counsel for Opposite Party :- G.A.,Satya Prakash Singh,Seema Singh Hon'ble Vivek Varma,J.
1. Sri Shesh Narayan Mishra, Advocate has filed his Vakalatnama on behalf of the opposite party no.2-informant. The same is taken on record. 2. Heard learned counsel for the applicant, Sri Shesh Narayan Mishra, counsel for the informant-opposite party no.2 as well as Sri V.P.Tripathi, learned AGA for the State and perused the material on record. 3. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 183 of 2021, under Sections 147, 506, 386 IPC, Police Station Lanka, District Varanasi. 4. Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. After investigation final report in favour of the applicant was submitted by the police authorities. Against the final report, the opposite party no.2 filed a protest petition. The final report was rejected and the applicant has been summoned by the concerned court. It is contended that no offence under section 386 IPC is made out against the applicant. There is no allegation about delivery of any property or valuable security as referred in section 383 IPC. In support of his submission, counsel for the applicant has placed reliance upon the judgement of the Hon'ble Supreme Court in Isaac Isanga Musumba and other Vs. State of Maharashtra and others 2014 15 SCC 357. The applicant has no criminal antecedents. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 5. Learned A.G.A. and the counsel for the informant have 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 learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular, the fact, that there is no allegation about delivery of any property or valuable security as referred in section 383 IPC., at this stage there is no substantive evidence against the applicant, the applicant had co-operated 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 Arvind Singh @ Raju Singh, 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 :- 10.4.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad