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Neutral Citation No. - 2025:AHC:26022 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1181 of 2025 Applicant :- Rambabu Opposite Party :- State of U.P. Counsel for Applicant :- Priti Verma,Siya Ram Verma Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Supplementary affidavit, filed by the counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record. 3. This application under section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No.404 of 2024, under sections 64(1), 75(2), 352, 351(3) B.N.S., P.S. Shivli, District Kanpur Dehat. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is the father-in- law of the informant. Earlier the applicant instituted a complaint against the informant and her family members in the court of A.C.J.M. (Jr. Division) Kanpur Dehat registered as WSCC No. 21792 of 2024 (Rambabu Yadav vs. Ashok Kumar and others). The said complaint is still pending consideration. The applicant has also filed an application under Chapter 22 of the U.P. Maintenance and Welfare of Parents and Senior Citizen Rules 2014 against the informant on 9.9.2024. In counter blast to the said proceedings the instant prosecution has been instituted for the purposes of harassment. No such incident had taken place. At this stage there is no credible evidence to link the applicant with the offence. The co-accused Rohit @ Rajdev has been granted bail by this Court vide order dated 11.2.2025 passed in Criminal Misc. Writ Petition No. 2492 of 2025. The criminal history of the applicant has been explained in para 3 of the supplementary affidavit. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 5. Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions
from the record. 6. Learned counsel for the applicant 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 applicant, considering the nature of accusations and antecedents of the applicant and the fact that a dispute exists between the parties.
The applicant had instituted a complaint against the informant and her family members and an application under Chapter 22 of the U.P. Maintenance and Welfare of Parents and Senior Citizen Rules 2014 against the informant, the fact that at this stage there is no substantive evidence to link the applicant with the offence, the fact that the co-accused Rohit @ Rajdev has been granted bail by this Court, 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. 8. In the event of arrest, the applicant Rambabu be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 193 (3) B.N.S.S., 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 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.
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 applicant.
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 applicant.
11. 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.
12. The application stands disposed of.
Order Date :- 24.2.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad