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Neutral Citation No. - 2025:AHC:69293 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3171 of 2025 Applicant :- Krishna Kant Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Sri Gaurav Singh Tomar, Advocate has filed Vakalatnama on behalf of the complainant-opposite party no.2. The same is taken on record. 2. Heard learned counsel for the applicant, Sri Gaurav Singh Tomar, counsel for the complainant and Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 3. This application under Section 482 BNSS has been filed seeking anticipatory bail in Complaint Case No. 89 of 2024, Under sections 392, 323, 504, 506 IPC, Police Station Kotwali Orai, District Jalaun. 4. Counsel for the applicant contends that the the applicant has been falsely implicated in the present case. The applicant and the complainant are relatives. Earlier, the applicant lodged a complaint against the complainant before the District Magistrate, Jalaun on
02.07.2021. At the relevant time the applicant was working as lineman on contractual basis in the office of the Executive Engineer, Electricity Distribution Division Orai, whereas the complainant was also the contractor in the said department. Reliance has also been placed on the letter dated 17.08.2021 written by the Executive Engineer, Dakshinanchal Vidhut Vitran Nigam Ltd. addressed to the District Magistrate, Jalaun at Orai. The applicant has not robbed the complainant. In the said incident the complainant has not received any injury. The incident is alleged to have occurred at a public place. There is no independent witness to the alleged incident. At this stage, there is no credible evidence to link the applicant with the offence. It is contended that in counter blast to the earlier proceedings instituted by the applicant, the instant prosecution has been instituted. 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. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6.
Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular the fact, that the earlier the applicant lodged a complaint against the complainant before the District Magistrate, Jaunpur, in the alleged incident the complainant has not received any injury; at this stage, there is no substantive evidence that the applicant robbed the complainant, 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 Krishna Kant Verma, involved in the aforesaid case 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.
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 :- 1.5.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad