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Neutral Citation No. - 2025:AHC:54911 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2385 of 2025 Applicant :- Niranjan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Mani Counsel for Opposite Party :- 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 Case Crime No. 58 of 2022, under Sections 120-B, 419, 420, 467, 468, 471, 406 I.P.C., Police Station Robertsganj, District- Sonebhadra, during the pendency of trial.
3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The incident is alleged to have occurred on 19.01.2019. The first information report was lodged on 19.01.2022. The delay is fatal to the prosecution case. As per the allegations in the first information report, the role of introducing the contracting parties has been assigned to the applicant. The applicant was not a party to the contract nor he is beneficiary of illicit transaction. It is next contended that identically placed co-accused Ramesh Jaiswal and Nathuni Prasad have been granted anticipatory bail by this Court vide order dated 25.04.2022 passed in Criminal Misc. Anticipatory Bail Application No.2603 of 2022 (Ramesh Jaiswal vs. State of U.P.). Further during the pendency of investigation, the applicant was granted anticipatory bail till submission of police report by this Court vide
order dated 04.04.2022 passed in Criminal Misc. Anticipatory Bail Application No.2110 of 2022 (Niranjan Singh vs. State of U.P.). Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The applicant has no criminal antecedents. 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 counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and the fact that the first information report was lodged belatedly, the applicant was not a party to the contract, identically placed co-accused Ramesh Jaiswal and Nathuni Prasad have been granted anticipatory bail by this Court, the fact that during the pendency of investigation the applicant was granted anticipatory bail till submission of police report by this Court, 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 Niranjan Singh, 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 :- 15.4.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad