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2025 DAILYLAW 70338 (ALL)

NAVNEET KUMAR PANDEY v. STATE OF U.P. AND ANOTHER

NABAIL/5511/2025 · 2025-07-10

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111404 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5511 of 2025 Applicant :- Navneet Kumar Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aditya Pratap 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 Complaint Case No. 31339 of 2022, under Section 11 of U.P. Fire Prevention and Safety Act, 2005, Police Station -Cross Republic, District- Ghazibad, during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant is the Secretary of the Apartment Owners Association. The builder has not handed over the possession of the building to the Association. In this regard letters issued by the Association are collectively annexed as Annexure-5 to the bail application. It is next contended that identically placed co-accused Ujjwal Mishra, who is the President of the said Association has been granted anticipatory bail by this Court vide order dated 18.6.2025 passed in Criminal Misc. Anticipatory Bail Application No.4461 of 2025. The applicant has been summoned by the concerned Court. No custodial interrogation is required. 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 counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and the fact that the applicant is the Secretary of the Apartment Owners Association; identically placed co-accused Ujjwal Mishra, who is the President of the said Association has been granted anticipatory bail by this Court; 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 Navneet Kumar 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 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 :- 11.7.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad