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Neutral Citation No. - 2025:AHC:131907 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5448 of 2025 Applicant :- Anant Kumar Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Dubey,Vinay Bhushan Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant as well as Sri N.K. Sharma, 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.187 of 2024 (State of U.P. vs. Sanjay Kumar and others), under sections 303(2), 317(2) B.N.S. and 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957 and 3 Prevention of Defacement of Property Ordinance 1995, P.S. Chopan, District Sonbhadra. 3. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. As per the first information report, the vehicle bearing registration no. UP 61 AT 8110 was stopped and checked. The said vehicle was carrying stones. The driver of the alleged vehicle stated that the said stones were loaded from Tej Stone Works. It is contended that the applicant is running the aforesaid crusher plant. At this stage, there is no credible evidence to establish that the alleged stones were loaded from the crusher plant run by the applicant. It is next contended that the applicant has no concern with the alleged incident. The applicant has no criminal antecedents. 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 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 and antecedents of the applicant and the fact that at this stage, there is no substantive evidence to establish that the alleged stones were loaded from the crusher plant run by the applicant, 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. In the event of arrest, the applicant Anant Kumar 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 :- 5.8.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad