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2025 DAILYLAW 51982 (ALL)

KULBHUSHAN SINGH v. STATE OF U.P. AND 2 OTHERS

NABAIL/3531/2025 · 2025-05-13

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79878 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3531 of 2025 Applicant :- Kulbhushan Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Prateek Kumar Counsel for Opposite Party :- G.A.,Gaurav Kakkar,Raghvendra Prakash Hon'ble Vivek Varma,J. 1. Copy of C.D. No.9 dated 04.04.2025 produced by learned A.G.A. is taken on record. 2. This application has been filed seeking anticipatory bail in Case Crime No.76 of 2025, under Sections 420, 467, 468, 471, 120-B I.P.C., Police Station- Sector 63, NOIDA, District Gautam Budh Nagar. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The informant is the wife of the applicant. A matrimonial dispute exists between the parties. The instant prosecution has been instituted only for the purposes of harassment. It is next contended that the alleged top-up loan of Rs.41 lakhs from IDBI Bank was applied under the joint signatures of the applicant and the informant. The applicant has not forged or fabricated any documents. The applicant has no criminal antecedents. The investigation is going on and 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. 4. Sri Neeraj Kumar Sharma, learned A.G.A. has opposed the prayer for anticipatory bail. He submits that as per C.D. No.9 dated 04.09.2025, the informant filed a complaint in the office of Reserve Bank of India Ombudsman. Pursuant thereto, the IDBI Bank conducted the forensic test of the signature of the complainant appearing in the top-up loan application. The report confirms that the signature of the complainant had been forged on the application form, loan agreement, undertaking as well as copy of KYC documents. Further, a compensation of Rs.1 lakh has also been awarded to the complainant. 5. After having heard learned counsel for the parties and having perused the record, this Court prima facie finds that as per C.D. No.9 dated 04.09.2025, the IDBI Bank conducted the forensic test of the signature of the complainant appearing in the top-up loan application. The forensic report confirms that the signature of the complainant had been forged on the application form, loan agreement, undertaking as well as copy of KYC documents. The Reserve Bank of India Ombudsman advised the IDBI Bank to get the complainant's name removed from all physical as well as digital records pertaining to the top-up loan of Rs.41 lakh, get the CIC records updated and pay the complainant a compensation of Rs.1 lakh. 6. The offence is grave. There is likelihood that the applicant committed the offence. 7. In my opinion, this is not an appropriate case for grant of anticipatory bail. Hence, this application is hereby rejected, leaving it open to the applicant to apply for regular bail before the concerned court, which application when filed, may be considered on its own merits, without being prejudiced by any observation made in this order. Order Date :- 14.5.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad