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Neutral Citation No. - 2025:AHC:46473 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2506 of 2025 Applicant :- Mukesh Kumar Pundeer Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manisha Singh,Pankaj Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Supplementary affidavit filed today by learned counsel for the applicant, is taken on record.
2. Heard learned counsel for the applicant, Sri M.P.S. Chauhan,
learned counsel for the informant, learned AGA for the State and perused the material placed on record. 3. This anticipatory bail application has been moved seeking bail in Case Crime No. 51 of 2025, under Sections 108, 351(2) of B.N.S., P.S. Mahuakheda, District- Aligarh, till the conclusion of trial. 4. Allegation in the first information report is that deceased was employed in applicant's Health Care Path Lab (HCPL) since last four years and due to some dispute, deceased left his job and joined another Path Lab i.e. We Care Path Lab, thereafter, deceased committed suicide. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. On perusal of contents of first information report, there is no evidence to indicate that applicant abated the deceased to commit suicide. Instant first information report has been lodged with malicious intention to harass the applicant. Investigation is going on. In case, the applicant is released on bail, he would not misuse the liberty of bail and would co-operate with the investigation. Applicant has definite apprehension of her arrest by the police. 5. Per contra, learned AGA and learned counsel for the informant 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. Applicant is named in the first information report. The apprehension of the
applicant is not founded on any material on record, only on the basis of imaginary fear, the anticipatory bail cannot be granted. 6. Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98. 7.
Let the applicant- Mukesh Kumar Pundeer, who is involved in the aforesaid crime, be released on anticipatory bail till submission of police report U/s 193(3) (i) BNSS, on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions :- (i) The applicant shall make himself available for interrogation by a 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 he has passport, the same shall be deposited by them before the S.S.P./S.P. concerned.
8. 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.
9. 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 certified 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 applicants.
10. The application stands allowed.
Order Date :- 3.4.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad