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2025 DAILYLAW 54576 (ALL)

ASHISH PANDEY AND ANOTHER v. STATE OF U.P.

NABAIL/3554/2025 · 2025-05-13

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78853 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3554 of 2025 Applicant :- Ashish Pandey And Another Opposite Party :- State of U.P. Counsel for Applicant :- Piyush Kesharvani,Sarvesh Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicants, Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 69 of 2023, under Sections 364, 342, 386, 504, 506, 34 of I.P.C., Police Station- Mohammadabad, District- Farrukhabad. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. The first information report was lodged belatedly after almost two and a half years of the alleged incident. The alleged agreement to sale was cancelled on 05.11.2020 and a fresh agreement to sale dated 06.11.2020 was executed between the parties. The cancellation of the earlier agreement to sale was referred in the subsequent agreement to sale. The case is purely civil in nature. The opposite party no. 2 has attempted to cloak it with a criminal flavour to harass the applicants. At this stage, there is no credible evidence to link the applicants with the offence. Further, during the course of investigation, the applicants were granted anticipatory bail till submission of police report by the Session Judge, Farrukhabad vide order dated 07.06.2023. Identically placed co-accused Deepak Dixit has been granted anticipatory bail by this Court vide order dated 9.5.2025 passed in Criminal Misc. Anticipatory Bail Application No.3625 of 2025. Investigation has been completed. The applicants had cooperated in the investigation. Charge-sheet has been filed. No custodial interrogation is required. The applicants have been summoned by the concerned court. Criminal history of the applicants has been explained in para no.22 of the bail application. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they shall 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 and the fact that the first information report was lodged belatedly, the case is purely civil in nature, the cancellation of the earlier agreement to sale was referred in the subsequent agreement to sale, at this stage there is no substantive evidence against the applicants, during the course of investigation, the applicants were granted anticipatory bail till submission of police report by the Session Judge, Farrukhabad, identically placed co-accused Deepak Dixit has been granted anticipatory bail by this Court, charge-sheet has been filed, 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. In the event of arrest, the applicants Ashish Pandey and Amrish Pandey, 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 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 passports, 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 :- 14.5.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad