Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:37855
Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2099 of 2025 Applicant :- Rahees Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sundeep Shukla Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State-respondent. 2. This application has been filed seeking anticipatory bail in Case Crime No. 178 of 2024, under Sections 420, 406, 506 I.P.C., Police Station Kotwali Nagar, District Muzaffar Nagar. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant is not the owner of the disputed land. No amount has been credited in the account of the applicant. The applicant is not the beneficiary of the illicit transaction. The alleged amount was transferred in the account of the co-accused persons. At this stage, there is no credible evidence to establish that any amount was paid in cash to the applicant. Investigation has been completed. The applicant had cooperated in the investigation. Charge-sheet has been filed. No custodial interrogation is required. The applicant has been summoned by the concerned court. The criminal history of the applicant has been explained in para no. 19 of the bail application. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and the fact that the applicant is not the owner of the disputed land. At this stage, there is no credible evidence to establish that any amount was paid in cash to the applicant. Charge-sheet has been filed. The
applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Rahees, 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 make himself available on each date fixed in the matter by the court concerned; (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; (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 concerned court.
7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
8. The application stands disposed of.
Order Date :- 18.3.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad