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2025 DAILYLAW 34205 (ALL)

ANIL YADAV v. STATE OF U.P. AND ANOTHER

NABAIL/2408/2025 · 2025-09-15

Vivek Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2408 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard Sri Swetashwa Agarwal, counsel for the applicant, Sri N.K. Sharma, learned AGA for the State and Mr. Mohd. Aquib, Advocate holding brief of Mr. Aushim Luthra, counsel for the opposite party no.2 . 2. The applicant was granted interim anticipatory bail vide order dated 16.4.2025 passed by this Court. The order is quoted herein below:- "1. Heard counsel for the applicant, learned counsel for the informant and learned A.G.A. for the State. Perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 88 of 2022, under Sections 420, 467, 468, 471 I.P.C., Police Station Baleni, District Baghpat. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The first information report has been lodged belatedly. The veracity of order dated 17.5.1993 passed by the Deputy Director of Education, First Region, Meerut, by which the land of Sri Krishna Inter College, Baleni has been transferred to Sri Krishna University, Baleni, is already under challenge before this Court in Writ-C No.32261 of 2022 (C/M Sri Krishna Inter College and another vs. State of U.P. and 3 others). Further during the course of investigation, the applicant was granted protection by this Court vide order dated 20.07.2022 passed in Criminal Misc. Writ Petition No.9319 of 2022 (Anil Kumar Yadav vs. State of U.P. and 3 others). Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned court. Criminal history of the applicant has been explained in paragraph no.62 of the affidavit filed in support of bail application. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is released on anticipatory bail, he will not misuse the said liberty. Versus Counsel for Applicant(s) : Ratnakar Upadhyay, Swetashwa Agarwal, Yash Raj Verma Counsel for Opposite Party(s) : Aushim Luthra, G.A., Manu Srivastava Anil Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Matter requires consideration. 5. Learned A.G.A. as well as counsel for the informant pray for and are granted four weeks' time to file counter affidavit. Rejoinder, if any, may be filed within two weeks thereafter. 6. Place this case on 29.05.2025 in the additional cause list. 7. Till the next date of listing, in the event of arrest the applicant- Anil Yadav in the aforesaid case crime, shall be released on interim anticipatory bail 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 and every 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. 8. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same." 3. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The case is purely civil in nature. The opposite party no.2 has attempted to cloak it with criminal flavour to harass the applicant. Further, pursuant to the order dated 16.4.2025, the applicant has furnished bail bonds before the court concerned and is appearing before the court on the dates fixed. The applicant has not violated or misused the liberty of interim anticipatory bail. The applicant has no criminal antecedents. In case, the applicant is released on anticipatory bail till the conclusion of trial, he will not misuse the said liberty. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant, the fact that the applicant is appearing before the concerned court on the dates fixed; no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned AGA as well as by the counsel for the opposite party no.2, NABAIL No. 2408 of 2025 2 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 Anil Yadav, involved in Case Crime No. 88 of 2022, under Sections 420, 467, 468, 471 I.P.C., Police Station Baleni, District Baghpat 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 him 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. September 16, 2025 S.S. NABAIL No. 2408 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad