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Neutral Citation No. - 2025:AHC:24534 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1304 of 2025 Applicant :- Jai Singh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ranvijay Kumar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant and learned AGA for the State and perused the material placed on record. 2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 0492 of 2024, under Sections 419, 420, 467, 468, 471 I.P.C. and Section 12 of The Passport Act, 1967, P.S. Gola, District Gorakhpur. 3. Counsel for the applicant submits that applicant has been falsely implicated in the present case. No case is made out against the applicant. Investigation is under progress. Applicant has no previous criminal history. Applicant's counsel undertakes that applicant will co-operate in the trial, failing which, the State can move appropriate application for cancellation of the anticipatory bail. Till today, no charge sheet has been submitted against the applicant. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation. 4. Learned AGA opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out. The apprehension of the applicant is not founded on any material on record, only on the basis of imaginary fear, the anticipatory bail cannot be granted. 5. Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98. 6.
Let the applicant Jai Singh Yadav who is involved in the aforesaid crime, be released on anticipatory bail till submission of police report U/s 173(2) Cr.P.C. on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court 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 them before the S.S.P./S.P. concerned.
7. 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.
8. 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 certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
9. The present anticipatory bail application stands allowed.
Order Date :- 19.2.2025 RPD Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad