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2025 DAILYLAW 33313 (ALL)

ANIL KUMAR PRAJAPATI v. STATE OF U.P. AND ANOTHER

NABAIL/2365/2025 · 2025-04-10

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53736 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2365 of 2025 Applicant :- Anil Kumar Prajapati Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajit Kumar Kushwaha,Nitesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record. 2. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.0104 of 2024, under sections 419, 420, 467, 468, 471, 504, 506 I.P.C., P.S. Shaktinagar, District Sonbhadra. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is also one of the investors of the company known as Doodh Dhara Projects Pvt. Ltd. The alleged amount of Rs.20 lakhs was credited in the account of the said company. The said company had also released certain amount in favour of the applicant from time to time. The list of the current directors and past directors has been disclosed at page no.40 of the paper book. The money was invested by the applicant in the said company on the promise of higher returns. No amount has been credited in the account of the applicant. The applicant is not the beneficiary of the transaction. The case of the applicant is distinguishable from that of co-accused Manoj Mishra and Rajesh Mishra. The applicant has not forged or manipulated any document. The criminal history of the applicant has been explained in para 29 of the bail application. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, the fact that the alleged amount of Rs.20 lakhs was credited in the account of the company known as Doodh Dhara Projects Pvt. Ltd. and the company had also released certain amount from time to time in favour of the applicant, the fact that no amount has been credited in the account of the applicant, at this stage there is no substantive evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant Anil Kumar Prajapati be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station 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 him 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 copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11. The application stands disposed of. Order Date :- 11.4.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad