GAJENDRA SINGH CHOUDHARY v. STATE OF U.P. AND ANOTHER
NABAIL/8182/2025 · 2025-10-13
body2025
DailyLaw.ai
[ 2025 DAILYLAW 191340 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 191340 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8182 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Pradeep Kumar Shukla, learned counsel for the applicant and Sri B.P. Maurya, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime No. 0066 of 2024, under Sections 420, 406, 467, 468, 471, 323, 504, 506, 35, 120B IPC, Police Station Bhojipura, District Bareilly with the prayer that in the event of arrest, applicant may be released on bail. 3. It is contended by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above- mentioned case. It is submitted that no offence as alleged in the FIR is made out against the applicant. It is submitted that the applicant is said to have introduced the first informant to the other co-accused persons regarding some property deed. It is further submitted that no sale deed is said to have been executed and the allegation is that co-accused person Aman Randhawa received some money in advance and he did not execute the sale deed. It is further submitted that co-accused Aman Singh @ Aman Randhawa has already been granted anticipatory bail by a co- ordinate Bench of this Court vide order dated 10.3.2025 passed in Criminal Misc. Anticipatory Bail Application No. 482 BNSS No. 12192 of 2024. It is submitted that the applicant is having criminal history, which has been explained in paragraph 15 of the memo of application and there are four cases prior to the said case and proceedings of all the cases Versus Counsel for Applicant(s) : Pradeep Kumar Shukla Counsel for Opposite Party(s) : G.A. Gajendra Singh Choudhary .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
have been stayed by this Hon'ble Court. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 4.
On the other hand, learned A.G.A. has opposed the application for anticipatory bail, however, he does not dispute the factual aspect. 5. I have considered the rival submissions made by learned counsel for the parties. 6. As per first information report, the allegation against the applicant is that he introduced the first informant to the other co-accused person and co-accused Aman Randhawa received money in advance but did not execute the sale deed and also did not return the money received. The co- accused Aman Singh @ Aman Randhawa has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 10.3.2025 passed in Criminal Misc. Anticipatory Bail Application No. 482 BNSS No. 12192 of 2024. The applicant has explained criminal history in the memo of application. 7. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 8. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 9. The anticipatory bail application is allowed. NABAIL No. 8182 of 2025 2
10. In the event of arrest of the applicant- Gajendra Singh Choudhary involved in the aforesaid case crime, he shall be released on anticipatory bail on his 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 not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted 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 him/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would cooperate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 11. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant herein. October 14, 2025 Abhishek NABAIL No. 8182 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad