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Neutral Citation No. - 2025:AHC:33605 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1535 of 2025 Applicant :- Shiv Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Dutt Tiwari Counsel for Opposite Party :- G.A.,Sikandar B. Kochar Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant, Sri Sikandar B. Kochar, counsel for the opposite party no. 2/informant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Session in Case Crime No. 1122 of 2024, under sections 317(4), 111(3), 111(6), 61(2) of B.N.S., Police Station Civil Lines, District- Moradabad, during the pendency of trial. 3. Counsel for the applicant submits that earlier the applicant was granted bail under Sections 308(2), 308(5), 351(2), 317(2) of B.N.S., Police Station- Civil Lines, District- Moradabad by Additional District and Sessions Judge, Court No. 5, Moradabad vide order dated 10.01.2025 passed in Bail Application No. 117 of
2025. During the course of investigation, Sections 317(4), 111(3), 111(6), 61(2) of B.N.S. were added by the Investigating Officer. The applicant seeks anticipatory bail in the added sections. For the reasons stated in the order dated 10.01.2025, the applicant is entitled to be enlarged on bail in added sections as well. It is next contended that investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned court. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the added sections. In case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that earlier the applicant was granted bail
under Sections 308(2), 308(5), 351(2), 317(2) of B.N.S., Police Station- Civil Lines, District- Moradabad by Additional District and Sessions Judge, Court No. 5, Moradabad vide order dated 10.01.2025 passed in Bail Application No. 117 of 2025. Charge- sheet has been filed.
The applicant had cooperated in the investigation and 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. 6. In the event of arrest, the applicant Shiv Kumar, 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.
7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
8. The application stands disposed of.
Order Date :- 7.3.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad