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Neutral Citation No. - 2025:AHC:109519 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5474 of 2025 Applicant :- Rakesh Chaurasiya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pravin Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Session in Case Crime No. 50 of 2020, under sections 419, 420, 406, 467, 468, 471 of I.P.C., Police Station- Line Bazar, District- Jaunpur. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the first information report, the alleged money was received by the co-accused, Sandeep Kumar Gautam. The two notarial agreements executed between Manish Kumar Singh and Harish Chandra Patel, and between Diwakar and Dinesh Kumar Patel records that the alleged amounts were received by the second party to the said affidavits. Further, as per the statement of the Dinesh Kumar, Rs. 30,000/- was transferred by one Ramesh in the account of the applicant. It is contended that the said money is not connected with the present incident. At this stage, there is no credible evidence to link the applicant with the offence. Further, during the course of investigation, the applicant was granted anticipatory bail till submission of police report by this Court vide order dated 08.02.2022 passed in Criminal Misc. Anticipatory Bail Application No. 20348 of 2021 (Rakesh Kumar Chaurasiya vs. State of U.P. and 2 others). Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned court. The applicant has no criminal antecedents. 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. has 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, antecedents of the applicant and the fact that as per the contents of the first information report, the alleged money was received by the co-accused, Sandeep Kumar Gautam, the two notarial agreements executed between Manish Kumar Singh and Harish Chandra Patel, and between Diwakar
and Dinesh Kumar Patel records that the alleged amounts were received by the second party to the said affidavits, during the course of investigation, the applicant was granted anticipatory bail by this Court, at this stage, there is no substantive evidence against the applicant, charge-sheet has been filed, 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 Rakesh Chaurasiya, 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 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 him 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 :- 10.7.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad