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2025 DAILYLAW 192236 (ALL)

ROHIT KUMAR v. STATE OF U.P.

NABAIL/8184/2025 · 2025-10-13

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8184 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Girijesh Kumar Gupta, learned counsel for the applicant and Sri Manoj Gautam, 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. 0046 of 2025, under Sections 318(4), 338, 336(3), 340(2), 3(5) B.N.S. and Section 66D of IT Act, Police Station Cyber Crime, District Ghaziabad 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 the first information report has been lodged by the Deputy Vice President, ICLM, ICICI Lombard alleging therein that the applicant was issuing motor insurance police on incorrect category thereby causing loss to the tune of Rs. 18,50,885/- to the company of the first informant. It is contended that the name of the applicant has surfaced on the confessional statement of the co-accused Akash Kashyap. It is submitted that the applicant is having no criminal history. It is also submitted that the chargesheet against the co-accused Vikas Kashyp and Akash Kashypa have been submitted and investigation against the applicant is in progress. 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 Versus Counsel for Applicant(s) : Girijesh Kumar Gupta, Shiv Shankar Pd Gupta Counsel for Opposite Party(s) : G.A. Rohit Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) 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 and submitted that huge loss has been caused to the insurance company. 5. I have considered the rival submissions made by learned counsel for the parties. 6. As per first information report, allegation against the applicant is that he along with other co-accused persons are said to have issued motor insurance to various persons under incorrect category thereby causing loss to the tune of Rs. 18,50,885/- to the company of the first informant. The name of the applicant is said to have surfaced on the confessional statement of Akash Kashyap. The chargesheet against co-accused Akash Kashyap and Vikas Kashyap has already been submitted whereas investigation against the applicant is in progress. 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. 10. In the event of arrest of the applicant- Rohit Kumar involved in the aforesaid case crime, he shall be released on anticipatory bail on his NABAIL No. 8184 of 2025 2 furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned till submission of the police report under Section 193(3) BNSS 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. 8184 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad