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Neutral Citation No. - 2025:AHC:60795 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1415 of 2025 Applicant :- Puttan Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.,Girish Singh Hon'ble Vivek Varma,J.
1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State- opposite party, and Sri Girish Singh, learned counsel for the informant, and perused the material placed on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 532 of 2024, under Sections 191(2), 324(4), 351(3), 318(4), 338, 340(2), 336(3) B.N.S., Police Station Rawatpur, District Kanpur Nagar. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The dispute between the parties is purely civil in nature. The informant has attempted to cloak it with criminal flavour only in order to harass the applicant. With regard to Plot No. 206 the informant had instituted a suit, being Original Suit No. 353 of 2023 (ARK Group v. Puttan Lal and another) in the Court of the Civil Judge (Senior Division), Kanpur Nagar. Further, with regard to Araji Nos. 9 and 10 Suit No. 1510 of 2023 (Sunder Lal and others v. Rahul Tripathi and others) has also been instituted in the Court of the Civil Judge (Senior Division), Kanpur Nagar from the side of the applicant. At this stage there is no credible evidence to link the applicant with the offence. The criminal history of the applicant has been explained in Paragraph-7 of the supplementary affidavit. The investigation is still pending and the applicant has apprehension of his arrest in the above case. 5. Learned A.G.A. and learned counsel for the informant opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6.
Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, and, in particular, the fact that the dispute between the parties is purely civil in nature and
at this stage there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant- Puttan Lal 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 them from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court; (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court; (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court; (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C.
8.
In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 23.4.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad