RAHUL BAGHEL AND ANOTHER v. STATE OF U.P. AND ANOTHER
NABAIL/2157/2025 · 2025-04-01
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30876 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30876 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:45177 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2157 of 2025 Applicant :- Rahul Baghel And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Somdev Dixit Counsel for Opposite Party :- G.A.,Vivek Upadhyay Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicants, Sri Neeraj Kumar Sharma, learned AGA for the State- opposite party, and Sri Devendra Singh, Advocate holding brief of Sri Vivek Upadhyay,
learned counsel for the opposite party no. 2, and perused the material available on record.
2. This application has been filed seeking anticipatory bail in Complaint Case No. 4153 of 2021, under Sections 420, 323, 504, 506 I.P.C., Police Station South, District Firozabad.
3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the instant case. The wife of the complainant had purchased the plot in dispute from co-accused Kunwar Pal. The wife of the applicant no. 1 purchased the disputed land from one Sanjay Kumar on 20.04.2019. Both the parties are claiming rights on the disputed land. Civil suit is also pending between the parties. The case is purely civil in nature. The applicants have been summoned by the court concerned to face the trial. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case.
4. Learned A.G.A. and learned counsel for the informant 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 applicants, considering the nature of accusations and antecedents of the applicants and, in particular, the fact that both the parties are claiming rights on the disputed plot and the case is purely civil in nature, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail.
6. In the event of arrest, the applicants- Rahul Baghel and Pankaj Baghel, 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 applicants shall make themselves available on each and every date fixed in the matter by the court concerned; (ii) The applicants 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 applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the concerned court.
7. Further, 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 :- 2.4.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad