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Neutral Citation No. - 2025:AHC:83863 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3692 of 2025 Applicant :- Sweta And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Yadav Counsel for Opposite Party :- G.A.,Saumya Srivastava,Shahrukh Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicants, Mr. Rishi Chaddha, learned A.G.A. for the State- opposite party, and Mr. Shahrukh,
learned counsel for the informant, and perused the material placed on record.
2. This application has been filed seeking anticipatory bail in Case Crime No. 103 of 2025, under Sections 318(4), 338, 336(3), 336(4), 340(2), 316(5), 351(3) B.N.S., Police Station Aurangabad, District Bulandshahr.
3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the instant case. The applicants are neither seller nor purchaser nor marginal witness of the alleged sale-deed dated 18.10.2024. No amount has been credited in the account of the applicants. The applicants are not beneficiaries of the illicit transactions. At this stage there is no credible evidence to link the applicants with the offence. The applicants have no criminal antecedents. It is next submitted that the investigation is going on and the applicants have apprehension of their arrest in the above mentioned case.
4. Learned A.G.A. and learned counsel for the informant opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.
5. Learned counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report.
6. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations and antecedents of the applicants and, in particular, the fact that the
applicants are neither seller nor purchaser nor marginal witness of the alleged sale-deed dated 18.10.2024; at this stage there is no substantive evidence to link the applicants with the offence, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report.
7. In the event of arrest, the applicants- Sweta, Babita and Babita be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193(3) BNSS, on 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 applicants shall make themselves available for interrogation by a police officer as and when required; (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 or to any police officer; (iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned.
8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants.
10. The applicants are directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
11. The application stands disposed of.
Order Date :- 19.5.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad