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Neutral Citation No. - 2025:AHC:46808 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1957 of 2025 Applicant :- Rakesh Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajatshatru Pandey Counsel for Opposite Party :- Dharmendra Dhar Dubey,G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Session in Case Crime No. 07 of 2019, under sections 419, 420, 467, 468, 471, 406, 506 of I.P.C., Police Station Colonelganj, District- Prayagraj. 3. At the outset, counsel for the applicant submits that the total amount credited in the account of the applicant was Rs. 11,00,000/-. Further, without prejudice to the rights and defence of the applicant in the trial, the applicant is ready and willing to transfer an amount of Rs.21,00,000/- in the bank account of the informant, and in this regard, counsel for the applicant has produced three demand drafts dated 02.04.2025 of Rs. 5,00,000/-, Rs. 8,00,000 and Rs. 8,00,000/- bearing demand draft Nos. 384597, 384596 and 784255 of Union Bank of India and Bank of Baroda respectively in the name of informant. The applicant has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 4. Counsel for the informant has received the said demand drafts in the Court. Endorsement to the said effect has been made in the order-sheet and the photocopy of the said drafts has been kept on record. Counsel for the informant further submits that the informant has no objection if the applicant is released on anticipatory bail. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Considering the fact that the amount credited in the account of the applicant is being returned to informant along with the interest by way of three demand drafts dated 02.04.2025 of Rs. 5,00,000/-, Rs. 8,00,000 and Rs. 8,00,000/- bearing demand draft Nos.
384597, 384596 and 784255 of Union Bank of India and Bank of Baroda respectively and the fact that counsel for the informant has no objection if the applicant is released on anticipatory bail, 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 Rakesh Shukla, 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 receipt of the amount shall not prejudice the defence of the applicant in the trial. 10. The application stands disposed of.
Order Date :- 3.4.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad