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Neutral Citation No. - 2025:AHC:123783 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5399 of 2025 Applicant :- Prabhat Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Agarval Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant as well as Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No.215 of 2018, under section 3/7 of Essential Commodities Act, P.S. Jahangirabad, District Bulandshahar. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report, the alleged house from which the petroleum products were seized does not belong to the applicant. The applicant has no concern with the alleged recovery. As per the F.S.L. report dated 28.4.2018 used petroleum products were found. There is no violation of any conditions of the control orders. During the pendency of investigation the applicant was granted protection till submission of police report by this court vide order dated 16.5.2018 passed in Criminal Misc. Writ Petition No. 12532 of 2018 (Prabhat Kumar vs. State of U.P. and 3 others). The investigation has been completed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The criminal history of the applicant has been explained in para 35 of the bail application. 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. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that at this stage there is no substantive evidence to link the applicant with the
offence, during the pendency of investigation, the applicant was granted protection till submission of police report by this court, the fact that 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.
6. In the event of arrest, the applicant Prabhat Gupta, 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 and every 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 his 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 :- 28.7.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad