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2025 DAILYLAW 66277 (ALL)

AMIT KUMAR @ AMIT PARASAR v. STATE OF U.P.

NABAIL/5284/2025 · 2025-10-06

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5284 of 2025 Court No. - 51 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present second application has been moved seeking anticipatory bail in Case Crime No. 0096 of 2020, under Sections - 420, 406, 467, 468, 471, 120-B I.P.C., Police Station - Sikandara, District - Agra, with the prayer that in the event of arrest, applicant may be released on bail. 3.It is submitted by learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above- mentioned case, whereas there is no credible evidence against him. The applicant has no criminal antecedents. Earlier applicant was granted interim anticipatory bail by this Court vide order dated 01.12.2021, however later on that anticipatory bail application was dismissed for want of prosecution vide order dated 18.10.2022. Applicant has no knowledge about the said order of dismissal. As per prosecution version, applicant has obtained loan of Rs. 5 lakhs against credit card by submitting forged documents. Learned counsel submitted that no forged or false paper was used by the applicant and in fact verification of the documents of applicant was not made by the bank properly. Further, the case was registered in the year 2020 and since then a period of about five years has been passed but investigation is still pending. It was also stated that applicant is ready to deposit the entire loan amount of Versus Counsel for Applicant(s) : Abhishek Tripathi, Ankur Kumar Counsel for Opposite Party(s) : G.A. Amit Kumar @ Amit Parasar .....Applicant(s) State of U.P. .....Opposite Party(s) the bank. The applicant undertakes to co-operate during investigation and trial and he would appear as and when required by the Police or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate in investigation and trial and would obey all conditions of anticipatory bail. 4. Learned A.G.A. has opposed the application for anticipatory bail and submitted that there is allegation against applicant that he has obtained a loan of Rs. 5 lakhs from bank against credit card by submitting false and forged documents, however it could not be disputed that investigation is pending since the year 2020 and charge-sheet has not been filed so far. 5. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 6. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 7. The instant second anticipatory bail application is allowed. 8. In the event of arrest of the applicant - Amit Kumar @ Amit Parasar involved in the aforesaid case crime shall be released on anticipatory bail on his 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/court concerned with the following conditions :- (i) The applicant shall co-operate during investigation. (ii) The applicant shall not pressurize / intimidate the prosecution witness. (iii) The applicant shall appear before the trial court on the date fixed, unless NABAIL No. 5284 of 2025 2 personal presence is exempted. (iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 9. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law. October 7, 2025 S Rawat NABAIL No. 5284 of 2025 3 (Raj Beer Singh,J.) Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad