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Neutral Citation No. - 2025:AHC:89064 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4111 of 2025 Applicant :- Amit Bhaskar Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Saxena Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant as well as Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record. 2. This application under section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No.126 of 2024, under section 384, 504, 506 I.P.C., and 67 of Information Technology Act, P.S. Baradari, District Bareilly. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. A matrimonial dispute exists between the applicant and the informant. Further, there is no report of the cyber cell that the applicant had forwarded the indecent photographs of the informant/victim. It is next contended that the necessary ingredients to constitute the offence of extortion are not made out. There are no allegations in the first information report regarding delivery of any property, valuable security or anything signed or sealed which may be converted into a valuable security. The investigation has been completed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The criminal history of the applicant has been explained in para 18 of the paper book. 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. Learned A.G.A. 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 antecedents of the applicant and the fact that there is no report of
cyber cell that the applicant had forwarded the indecent photographs of the informant/victim; the necessary ingredients to constitute the offence of extortion are not made out; there is no allegation in the first information report regarding delivery of any property, valuable security or anything signed or sealed which may be converted into a valuable security, the fact that the applicant 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 applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Amit Bhaskar, 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 applicant shall make himself available on each and every date fixed in the matter by the court concerned; (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 from disclosing such facts to the Court; (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 his 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 :- 26.5.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad