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2025 DAILYLAW 28421 (ALL)

ASHWIN VIJAY RAUT AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NABAIL/2128/2025 · 2025-03-17

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38590 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2128 of 2025 Applicant :- Ashwin Vijay Raut And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Mohan Pandey,Vipul Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard Sri Anand Mohan Pandey, learned counsel for the applicants and Sri N.K. Sharma, learned A.G.A. for the State. Perused the material placed on record. 2. The present application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No.287 of 2024, under sections 420, 406, 467, 468, 471 I.P.C., P.S. Ganganagar, District Meerut. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. The case is purely civil in nature. The investigation is going on and the applicants have apprehension of their arrest in the above mentioned case. 4. Learned AGA has opposed the prayer for anticipatory bail. 5. After having heard learned counsel for the parties and having perused the records this court prima facie finds that the company known as Valentis Cancer Solutions Pvt. Ltd. through informant entered into an agreement with the company known as Medex Medical System dated 8.7.2023 for supply of Pre-Owned Philips Gemini 64 Slice PET CT Scan Machine. The applicant no.1 is the proprietor of the said company and the applicant no.2 & 3 are directors of the said company. Pursuant to the said agreement Rs.2,16,00,000/- was transferred in the account of the company (Medex Medical System). The said company on 28.9.2023 and 13.12.2023 shared certain documents such as lading bills and documents issued by the Indian Customs Department. On inquiry by the concerned Superintendent of Police it transpired that the said documents were forged. Further, the non-supply of the C.T. Scan machine after receipt of 80% of the total amount suggests that the applicants had an intention to cheat the informant company from the very inception. 6. In view of the above, this is not an appropriate case for grant of anticipatory bail. Hence the application is hereby rejected leaving it open to the applicants to apply for regular bail before the trial court, which application when filed, may be considered on its own merits, without being prejudiced by any observation made in this order. Order Date :- 18.3.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad