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2025 DAILYLAW 45594 (ALL)

ARVIND @ ARVIND KUMAR v. STATE OF U.P.

NABAIL/3145/2025 · 2025-05-19

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84717 Court No. - 86 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3145 of 2025 Applicant :- Arvind @ Arvind Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Vishal Tandon Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case No. 8089 of 2022, arising out of Case Crime no. 1003 of 2018, under Sections 420, 465, 468, 471 I.P.C. read with Section 3/7 of Essential Commodities Act, Section 66D of I.T. (Amendment) Act, 2000 and Section 34 of Aadhar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, Police Station Kotwali, District Muzaffarnagar, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. Learned counsel for the applicant submits that applicant is not named in the F.I.R. His name came into light during the course of investigation. The other co-accused, Kamal Singh, Pramod Snehi, Dharmendra Tyagi, Sunny, Yograj, Satish Kumar, Champa Devi @ Champa Rani, Manoj Kumar, Amit Kumar, Beena Rani, Masood Arif, Krishna Kumar @ Krishnapal and Satyapal Singh, who are named in the F.I.R., have already been enlarged on anticipatory bail. It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. As to the criminal history that has been explained. It has further been submitted that no coercive process has been issued against the applicant so far. It was also submitted that applicant undertakes to cooperate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will cooperate with the investigation and would obey all conditions of bail. 4. Learned A.G.A. has opposed the application for anticipatory bail. However, it could not be disputed that some other co-accused, who were named in the F.I.R. have already been granted anticipatory bail by this Court. 5. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 6. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out. 7. The anticipatory bail application is allowed. 8. In the event of arrest of the applicant-Arvind @ Arvind Kumar, involved in the aforesaid case crime shall be released on anticipatory bail till submission of police report on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions :- (i) the applicant shall make himself available for interrogation by a police officer as and when required; (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 him/her/them from disclosing such facts to the Court or to any police officer; (iii) the applicant would co-operate during investigation and trial and would not misuse the liberty of bail. 9. In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. Order Date :- 20.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad