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Neutral Citation No. - 2025:AHC:106193 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5281 of 2025 Applicant :- Pushkar Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Durgesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant as well as Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 166 of 2024, under Sections 420, 467, 468, 471, 120-B IPC and Section 4, 5, 7, 10 of the Uttar Pradesh Public Examinations (Prevention of Unfair Means) Act, 1998, Police Station Kankarkheda, District Meerut. 3. Counsel for the applicant contends that the applicant was not named in the first information report and has been falsely implicated in the instant case. The name of the applicant was disclosed by co-accused Rajiv Nayan Misra in police custody. The said statement, insofar as it implicates the applicant, is unreliable. It is contended that identically placed co-accused Kameshwar Nath @ Kameshwar Maurya and Sanjay Singh @ Sanjay Kushwaha have been granted anticipatory bail by this Court vide order dated 05.09.2024 passed in Criminal Misc. Anticipatory Bail Application Nos. 8368 of 2024 and 8364 of 2024 respectively. The applicant claims parity. At this stage, there is no credible evidence to link the applicant with the offence. Further, the applicant has no criminal antecedents. The investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 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 applicants, considering the nature of accusations and antecedents of the applicants, in particular of the fact, that the applicant was not named in the first information report; the name
of the applicant was disclosed by co-accused Rajiv Nayan Misra in police custody; identically placed co-accused Kameshwar Nath @ Kameshwar Maurya and Sanjay Singh @ Sanjay Kushwaha have been granted anticipatory bail by this Court; at this stage, there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6.
6. In the event of arrest, the applicant Pushkar Pandey, 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C.
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 :- 7.7.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad