SHIV KANT AND ANOTHER v. STATE OF U.P. AND ANOTHER
NABAIL/1441/2025 · 2025-04-22
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21042 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21042 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:60836 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1441 of 2025 Applicant :- Shiv Kant And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Azhar Hussain,Md. Ateef Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Short counter affidavit filed by learned counsel for the informant is taken on record.
2. Heard learned counsel for the applicants, Mr. V.P. Tripathi, learned A.G.A. for the State- opposite party no. 1, and Mohd. Razif, 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. 199 of 2023, under Sections 420, 467, 468, 471, 506 I.P.C., Police Station Naseerpur, District Firozabad.
4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the instant case. The total amount received by the applicants has been returned to the informant and at present no dispute survives between the parties. In this regard, reliance has been placed on the settlement/ compromise deed dated 25.11.2024, annexed as Annexure-CA-1 to the short counter affidavit. It is next contended that the applicants have no criminal antecedents. The investigation is going on and the applicants have apprehension of their arrest in the above mentioned case.
5. Learned counsel for the informant- opposite party no. 2 does not dispute the
submissions raised by learned counsel for the applicants. He submits that the informant has no objection if the applicants are enlarged on anticipatory bail. 6. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Learned counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 8. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations and antecedents of the applicants and, in particular, the fact that as per the settlement/ compromise deed dated 25.11.2024,
the total amount received by the applicants has been returned to the informant 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 applicants are entitled to be enlarged on anticipatory bail till the submission of police report. 9. In the event of arrest, the applicants- Shiv Kant and Chhotelal be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicants shall make themselves available for interrogation by a police officer as and when required; (ii) The applicants 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 applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned. 10. 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 applicants. 11.
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 copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants. 12. The applicants are directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present
order.
13. The application stands disposed of.
Order Date :- 23.4.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad