Neutral Citation No. - 2025:AHC:29259 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1272 of 2025 Applicant :- Shivam Soni Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aryan Srivastava,Prakash Chandra Srivastava Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard Sri Aryan Srivastava, learned counsel for the applicant and learned AGA for the State and perused the material placed on record. 2. This anticipatory bail application has been moved seeking bail in Case Crime No. 09 of 2025, under Sections 310(2), 317(3) of BNS, P.S.Bakhira, District Sant Kabir Nagar, till the conclusion of trial. 3. It is alleged in the FIR that the complainant, who is whole sale dealer of food grains and registered owner of 12 wheeler truck bearing No. UP 58T 4104. On 06.01.2025 informant's truck loaded with 490 bags of wheat sent to Khalilabad Mandi, on the way, truck was stopped by unknown persons and took away to some unknown place. After unloading the bags from truck they left the truck in front of shop. Counsel for the applicant submits that applicant has been falsely implicated in the present case. Applicant is not named in the FIR. Applicant's name surfaced in statement of co-accused. Investigation is going on. Applicant has no previous criminal history. Investigation is going on. 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 co-operate 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- Shivam Soni, who is involved in the aforesaid crime, be released on anticipatory bail till submission of police report U/s 193(3) (i) BNSS, 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 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 instant anticipatory bail application stands allowed. Order Date :- 3.3.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad