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2025 DAILYLAW 23197 (ALL)

LOKESH BANSAL v. STATE OF U.P. AND ANOTHER

NABAIL/1753/2025 · 2025-04-23

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63300 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1753 of 2025 Applicant :- Lokesh Bansal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Tripathi Counsel for Opposite Party :- G.A.,Satish Chandra Dubey Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, Sr P.K. Tripathi, learned A.G.A. for the State, and Sri Satish Chandra Dubey, learned counsel for the informant, and perused the material placed on record. 2. The applicant was granted interim anticipatory bail by the co-ordinate Bench of this Court vide order dated 04.03.2025. The order is quoted herein below: "1. Heard Sri Sandeep Tripathi, learned counsel for the applicant, Sri Satish Chandra Dubey, learned counsel for the informant, learned A.G.A for the State and perused the record. 2. The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in Case Crime No. 39 of 2025, under Sections- 420, 467, 468 I.P.C, Police Station- Kotwali, District Shamli. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The allegation made in the FIR, no offence is made out against the applicant and the FIR has been lodged only to harass the applicant. In the present case investigation is going on. In case, applicant is granted anticipatory bail, he would not misuse the liberty of bail and would co-operate with the investigation. Applicant has definite apprehension of his arrest by the police. 4. Learned AGA as well as learned counsel for the informant have vehemently 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. 5. Issue notice to O.P. No. 2 returnable at an early date. 6. Learned A.G.A. granted four week's time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter. 7. List this case after six weeks. 8. As an interim protection, till the next date of listing fixed for hearing on this application, the applicant Lokesh Bansal is granted anticipatory bail in the aforesaid case crime number. In the event of arrest, the applicant shall be released on interim anticipatory bail 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 applicant shall make himself available for interrogation by the 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 applicant has passport, the same shall be deposited before the S.S.P./S.P./C.P./A.C.P concerned. (iv) The applicant shall not tamper with the evidence during the trial. (v) The applicant shall not pressurize/intimidate the prosecution witness. (vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted. 9. In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant." 3. Learned counsel for the applicant further contends that pursuant to the order dated 04.03.2025 the applicant has furnished bail bonds before the S.H.O. of concerned police station. Investigation is still pending. He is cooperating in the investigation. The applicant has not violated any conditions nor has misused the liberty of interim anticipatory bail. It is next contended that proceedings under Section 138 Negotiable Instruments Act with regard to dishonour of cheque in dispute is pending before the court of competent jurisdiction. The first information report has been lodged only for the purposes of harassment. Counsel for the applicant further submits that the present application may be disposed of at this stage. 4. No counter affidavit has been filed by the counsel for the informant and learned A.G.A. nor any adverse material has been produced by the counsel for the opposite parties against the applicant, which may warrant any modification in the aforesaid order dated 04.03.2025. Therefore, no useful purpose would be served by keeping this application pending any further. 5. Accordingly, the order dated 04.03.2025 is hereby made absolute till filing of police report under Section 173(2) Cr.P.C. for the reasons as given in the said order on his furnishing a fresh 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 applicant shall make himself available for interrogation by a police office 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 him 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 by him before the S.S.P./S.P. concerned. 6. 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. 7. 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 prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 8. The applicant is 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. 9. The application stands disposed of. Order Date :- 24.4.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad