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2025 DAILYLAW 69513 (ALL)

VIJAY SINGH v. STATE OF U.P. AND ANOTHER

NABAIL/5179/2025 · 2025-07-07

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107366 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5179 of 2025 Applicant :- Vijay Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kameshwar Singh,Sudhanshu Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri Rupak Chaubey, learned AGA for the State and perused the material on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 1004 of 2018, under Sections 420, 465, 468, 470, 471 IPC, Section 3/7 of Essential Commodities Act, Section 66(D) of Information & Technology Act, and Section 34 of Aadhar (Targeted Delivery of Financial and other Subsidies Benefits and Services) Act, 2016, Police Station Kotwali Nagar, District Muzaffar Nagar. 3. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The applicant is a fair price shop dealer. No such incident as alleged had occurred. The applicant has not interpolated in the database of card holders by using bio-metric machine. There is no report of any expert committee. Investigation has been completed. Charge sheet has been submitted. The applicant had co-operated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant has no criminal antecedents. Identically placed co-accused Asif Khan has been granted anticipatory bail by this Court vide order dated 06.09.2023 passed in Criminal Misc. Anticipatory Bail Application No. 1334 of 2023. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail till conclusion of trial, 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 and antecedents of the applicant, in particular the fact, that at this stage there is no substantive evidence to link the applicant with the offence, charge sheet has been submitted, the applicant had co- operated in the investigation, no custodial interrogation is required, identically placed co-accused Asif Khan has been granted anticipatory bail by this Court; 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 Vijay Singh, 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 :- 8.7.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad