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Neutral Citation No. - 2025:AHC:87934 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3837 of 2025 Applicant :- Shivang Kakkar Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant as well as Sri Neeraj Kumar Sharma, learned AGA for the State, and perused the material placed on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 221 of 2025, under Sections 318(4), 316(2), 338, 336(3), 340(2), 352, 351(2) B.N.S., Police Station Majhola, District Moradabad. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant and the informant were engaged in business transaction since long. The cheques were duly signed by the informant and were presented to the Bank for encashment. The applicant had not forged or manipulated the signatures of the informant. In this regard reliance has also been placed on the report of the Assistant General Manager, State Bank of India, SME Branch, Moradabad addressed to the Senior Superintendent of Police, Moradabad on 20.03.2025. At this stage, there is no credible evidence to establish that the signatures of the informant on the alleged cheques were forged. It is next contended that on 28.11.2024 the applicant had filed a complaint against the informant in the court of Addl. Chief Judicial Magistrate VI, Moradabad as Case No. 2711 of 2024 (Shivang Kakkar Vs. Aviral Agrawal and others). In counter blast to the said proceedings, the instant prosecution has been instituted belatedly against the applicant. The applicant has no criminal antecedents. It is next submitted that the investigation is pending and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned AGA opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned counsel for the applicant 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 applicant, considering the nature of accusations and antecedents of the applicant, and the fact that at this stage, there is no credible evidence to establish that the signatures of the informant on the alleged cheques were forged, without commenting on merits of
the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant- Shivang Kakkar 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 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 from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him 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 applicant. 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 applicant. 10.
The applicant is 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 :- 23.5.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad