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Neutral Citation No. - 2025:AHC:63399 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3178 of 2025 Applicant :- Arvind Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Vishal Tandon 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 Case Crime No. 733 of 2018, under sections 420, 465, 468, 470, 471 of I.P.C., Section 3/7 of Essential Commodities Act, Section 66D of Information Technology (Amendment) Act, 2000 and Section 34 of Adhar (Targeted Delivery of Financial and Other Subsidies Benefit and Services) Act, 2016, Police Station- Nai Mandi, District- Muzaffarnagar. 3. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. The name of the applicant surfaced during the course of investigation. No complaint was preferred by the card holders against the Fair Price Shop Dealers. The Fair Price Shop Dealers namely Smt Aruna Sharma, Smt Shakuntala Devi and Kiranpal, have been granted anticipatory bail by this Court vide order dated 03.12.2022 passed in Criminal Misc. Anticipatory Bail Application No. 11947 of 2022 (Smt. Aruna Sharma and two others vs. State of U.P. and another). Further, identically placed co- accused, Monu @ Vijay Kumar has been granted anticipatory bail by this Court vide order dated 23.10.2024 passed in Criminal Misc. Anticipatory Bail Application No. 9328 of 2024 (Monu @ Vijay Kumar vs. State of U.P.). 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 the applicant was not named in the first information report, the fact that the name of the applicant surfaced during the course of investigation, the fact that Fair Price Shop Dealers namely Smt Aruna Sharma, Smt Shakuntala Devi and Kiranpal, have been granted anticipatory bail by this Court, the fact that identically placed co-accused, Monu @ Vijay Kumar has been granted anticipatory bail by this Court, at this stage, there is no substantive evidence against the applicant, 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 Arvind Kumar, 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 :- 25.4.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad