Neutral Citation No. - 2025:AHC:77228 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1404 of 2025 Applicant :- Neeraj Malviya And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Narayan Gupta Counsel for Opposite Party :- G.A.,Pravin Kumar Hon'ble Vivek Varma,J. 1. Copy of the statements of the applicants recorded under Section 161 Cr.P.C. produced by Sri Rupak Chaubey, learned A.G.A. for the State is taken on record. 2. Heard counsel for the applicants, Sri Pravin Kumar, counsel for the opposite party no. 2/ informant, learned AGA for the State and perused the material on record. 3. The present application with the prayer has been filed to grant anticipatory bail to the applicants in Case Crime No. 501 of 2024, under Section 364 I.P.C., Police Station- Dhoomanganj, District- Prayagraj. 4. Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. The brother of the informant was missing since 20.10.2021. In this regard, missing report was lodged at the Police Station- Dhoomanganj (Commissionerate Prayagraj) on 21.10.2021. It is next contended that the applicants have filed complaints against the brother of the informant under Section 138 of Negotiable Instruments Act registered as Complaint No. 373 of 2024 (Neeraj Malviya vs. Sunil Kumar), Complaint No. 827 of 2023 (Neeraj Malviya vs. Sunil Kumar) and Complaint No. 1289 of 2021 (Vishal Malviya vs. Sunil Kumar) respectively before the Court of Competent Jurisdiction, Allahabad. In the said cases, notices were issued and, thereafter, coercive measures have been issued against the brother of the informant. In counterblast to the said proceedings, the instant prosecution has been lodged belatedly against the applicants. At this stage, there is no credible evidence to link the applicants with the offence. The applicants are cooperating in the investigation. The applicants have no criminal antecedents. The investigation is still pending. It is next submitted that the applicants have apprehension of their arrest and in case, the applicants are granted anticipatory bail, they will not misuse the said liberty. 5. Learned A.G.A. and counsel for the opposite party no. 2 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 counsel for the applicants, considering the nature of accusations, antecedents of the applicants and the fact that the first information report was lodged belatedly, in the missing report dated 21.10.2021, there are no allegations against the applicants, the applicants are cooperating with the investigation, their statements have been recorded by the Investigating Officer, at this stage, there is no substantive evidence against the applicants, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicants Neeraj Malviya and Vishal Malviya, 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 applicants shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 them from disclosing such facts to the court or to any police officer; (iii) The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicants shall surrender his passport, if any, to the concerned Court forthwith. Their passports will remain in custody of the concerned Court. (v) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C. 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 :- 12.5.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad