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Neutral Citation No. - 2025:AHC:142540 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4350 of 2025 Applicant :- Rockey Kushawah Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamalesh Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Copy of the sale deed dated 13.6.2024 produced by Sri Neeraj Kumar Sharma, learned A.G.A. for the State, is taken on record. 2. Heard counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 37 of 2025, under Sections 420, 467, 468, 471, 504, 506 I.P.C., Police Station -Civil Lines, District - Etawah. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The alleged sale deed was executed by co-accused Seema Devi in favour of the informant on
13.6.2024. The applicant is the marginal witness of the alleged sale deed. No amount has been credited in the account of the applicant. The applicant is not a beneficiary of any illicit transaction. The essential ingredients to constitute the alleged offences are not made out against the applicant. At this stage, there is no credible evidence to link the applicant with the offence. It is next contended that co-accused Seema Devi has been granted anticipatory bail till submission of police report by this Court vide order dated 4.8.2025 passed in Criminal Misc. Anticipatory Bail Application No.6148 of
2025. The applicant has no criminal antecedents. Investigation is pending. 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. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Counsel for the applicant further submits that the application for
grant of anticipatory bail be confined only till the submission of police report. 7.
Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that the applicant is the marginal witness of the alleged sale deed, the essential ingredients to constitute the alleged offences are not made out against the applicant, at this stage there is no substantive evidence to link the applicant with the offence, co-accused Seema Devi has been granted anticipatory bail till submission of police report by this Court vide order dated 4.8.2025, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail till the submission of police report. 8. In the event of arrest, the applicant- Rockey Kushawah be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., 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 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.
9. 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.
10. 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.
11. 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.
12. The application stands disposed of.
Order Date :- 20.8.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad