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2025 DAILYLAW 42528 (ALL)

KIRANPAL v. STATE OF U.P.

NABAIL/2939/2025 · 2025-07-28

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:125633 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2939 of 2025 Applicant :- Kiranpal Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Second supplementary affidavit, filed by the counsel for the applicant, is taken on record. 2. Heard counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record. 3. This application has been filed seeking anticipatory bail in Case Crime No.178 of 2024, under section 420, 406, 506 I.P.C., P.S. Kotwali Nagar, District Muzaffarnagar. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The cheque nos.000001 and 000002 of HDFC Bank, Muzaffarnagar dated 18.4.2023 issued as sale consideration by the informant pursuant to the sale deed dated 18.4.2023 executed by the applicant and co-accused Rajpal was dishonoured, consequently the sale deed became void. Thereafter the applicant filed a suit for cancellation of the alleged sale deed. The said suit is pending before the court of competent jurisdiction. The instant prosecution has been instituted only for the purposes of harassment. Further, identically placed co-accused Rajpal has been granted anticipatory bail by this Court vide order dated 236.2025 passed in Criminal Misc. Anticipatory Bail Application No. 2874 of 2025. The applicant claims parity. Investigation has been completed. 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 granted anticipatory bail, he will not misuse the said liberty. 5. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant and the fact that the sale consideration pursuant to the sale deed dated 18.4.2023 was not paid, the fact that the applicant had earlier filed a suit for cancellation of the sale deed executed in favour of the informant, identically placed co-accused Rajpal has been granted anticipatory bail by this Court, at this stage, there is no substantive evidence to link the applicant with the offence, the fact that 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. 7. In the event of arrest, the applicant Kiranpal, 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 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 his before the concerned court. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 29.7.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad