BIJENDRA AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
NABAIL/2950/2025 · 2025-05-16
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43630 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43630 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:82195 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2950 of 2025 Applicant :- Bijendra And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mohammad Arshad Khan Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicants as well as Sri N.K. Sharma, learned A.G.A. for the State and perused the material placed on record. 2. This application under section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No.19 of 2023, under sections 420, 467, 468, 471 I.P.C., P.S. Bachharayun, District Amroha. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. The applicants are neither sellers, purchasers nor marginal witnesses of the sale deed executed on 13.4.2022. No amount was credited in the account of the applicants. The applicants are not the beneficiary of the illicit transaction. Further, the applicants have been granted anticipatory bail till submission of police report vide order dated 15.5.2023 passed in Criminal Misc. Anticipatory Bail Application No. 4026 of 2023 (Bijendra and another vs. State of U.P. and another). Investigation has been completed. The applicants had cooperated in the investigation. No custodial interrogation is required. The applicants have been summoned by the concerned Court vide order dated 19.12.2024. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they 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 by learned counsel for the applicants, considering the nature of accusations and antecedents of the applicants and the fact that the applicants are neither sellers, purchasers nor marginal witnesses of the sale deed
executed on 13.4.2022; no amount was credited in the account of the applicants; the applicants have been granted anticipatory bail till submission of police report, the fact that the applicants 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 applicants are entitled to be enlarged on anticipatory bail. 6.
6. In the event of arrest, the applicants Bijendra and Jagat, 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 applicants shall make themselves available on each and every date fixed in the matter by the court concerned; (ii) The applicants 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 applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them 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 :- 17.5.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad