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Neutral Citation No. - 2025:AHC:49187 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2586 of 2025 Applicant :- Rakesh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Upendra Malaviya 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 Session in Case Crime No. 465 of 2022, under sections 419, 420, 467, 468, 471, 406, 120B of I.P.C., Police Station Sector-63, District- Gautam Buddh Nagar. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is the Marketing Executive in the Apollomedics Superspecialty Hospital, Lucknow. The applicant has no concern with the alleged incident. No amount has been credited in the account of the applicant. The applicant is not a beneficiary of the illicit transaction. At this stage, there is no credible evidence to link the applicant with the offence. Further, the co-accused, Swayam Sing and Shivam Singh @ Avinash have been granted anticipatory bail by this Court vide orders dated 24.08.2023 and 10.04.2023 passed in Criminal Misc. Anticipatory Bail Application Nos. 2094 of 2023 and 15853 of 2023 respectively. Investigation has been completed. The applicant had cooperated in the investigation. Charge-sheet has been filed. 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 learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that no amount has been credited in the
account of the applicant. At this stage, there is no credible evidence to link the applicant with the offence. Further, the co- accused, Swayam Sing and Shivam Singh @ Avinash have been granted anticipatory bail 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 Rakesh Yadav, 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 :- 7.4.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad