Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:34489 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1604 of 2025 Applicant :- Vidit Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Tyagi,Kapil Tyagi,Vikrant Rana Hon'ble Deepak Verma,J.
1. Heard Sri Kapil Tyagi, learned counsel for the applicant and learned AGA for the State and perused the material placed on record. 2. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.55 of 2024, under Sections 420, 467, 468, 471, 120-B I.P.C., Police Station - Modi Nagar, District -Ghaziabad. 3. Counsel for the applicant submits that applicant has been falsely implicated in the present case. In the present case the allegation is of execution of sale deed by an imposter. The only allegation against the applicant is that the applicant has introduced co- accused Robin to the informant and the other co-accused. No amount has been transferred in the account of the applicant directly. By mere transfer of amount from the bank account of another person itself cannot be a ground for prosecuting the applicant, once there is no evidence linking the applicant with the alleged crime. Investigation against the applicant is pending. Allegations levelled against the applicant are false. No prima facie case is made out against the applicant. He further submitted that co-accused, Deepak, has been granted anticipatory bail by co- ordinate Bench of this Court vide order dated 16.12.2024, hence, applicant is also entitled to be granted anticipatory bail on the ground of same footing. If the applicant is enlarged on anticipatory bail, he will not misuse the liberty and cooperate with the investigation. The applicant has apprehension of his arrest by the police any time. 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- Vidit Tyagi, 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 :- 10.3.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad