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Neutral Citation No. - 2025:AHC:84950 Court No. - 86 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3194 of 2025 Applicant :- Pradeep Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ramji Singh Patel Counsel for Opposite Party :- G.A.,Rajiv Chowdhury Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicants, learned counsel for first informant, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 21 of 2025, under Sections 316(2), 318(4), 352, 351(2) of B.N.S., Police Station Lanka, District Varanasi, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. Learned counsel for the applicant submits that allegation made in the F.I.R. is that applicant No. 1 proposed to sell his vehicle, for which informant agreed to purchase the same to the tune of three lakh rupees. The informant gave Rs. 3,06,000/- to the applicants but the applicants have not transferred the vehicle in his favour and sold out the same to someone else. Learned counsel further submits that only Rs. 1,06,000/- is due upon the applicants. The informant and applicants have business terms. The applicants borrowed three lakh rupees from informant in two parts and is also regularly paying installments. The entire prosecution story is false and fabricated. It has been argued by the learned counsel for the applicants that applicants are innocent and they have apprehension that they may be arrested in the above-mentioned case, whereas there is no credible evidence against them. It has further been submitted that applicants have no criminal antecedents and that no coercive process has been issued against them so far. It was also submitted that applicants undertake 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 applicants are granted anticipatory bail, they 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. and learned counsel for first informant have opposed the application for anticipatory bail. 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 applicants-Pradeep Singh and Medni Singh, involved in the aforesaid case crime shall be released on anticipatory bail till conclusion of trial on their furnishing a personal bond of Rs. 50,000/- each with two sureties each in the like amount to the satisfaction of court concerned with the following conditions :- (i) The applicants shall make themselves available for interrogation by a police officer as and when required; (ii) The applicants shall attend the court proceedings as and when required. (iii) The applicants shall not directly or indirectly make any inducement, threat or promise or to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court to any police officer or tamper with the evidence. (iv) The applicants would cooperate during investigation and trial and would not misuse the liberty of bail. 11. In default of any of the conditions, the court concerned 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