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2025 DAILYLAW 72198 (ALL)

RAJEEV v. STATE OF U.P.

NABAIL/5416/2025 · 2025-08-03

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130428 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5416 of 2025 Applicant :- Rajeev Opposite Party :- State of U.P. Counsel for Applicant :- Onkar Singh,Sachin Malik Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by the counsel for the applicant, is taken on record. 2. 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. 3. This application has been filed seeking anticipatory bail in Case Crime No. 45 of 2025, under Sections 329(3), 318(4), 338, 336(3), 340(2) B.N.S., Police Station Chaprauli, District Baghpat. 4. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The applicant is in possession of the disputed land. The applicant has also instituted a civil suit in the court of Civil Judge (Sr. Div.), Baghpat being Civil Suit No. 32 of 2025 (Rajeev Vs. State of U.P. and others) for restraining the State authorities from interfering in his possession of the disputed land. The Civil Judge (Sr. Div.), Baghpat vide order dated 20.02.2025 directed the parties to maintain status-quo. The said suit is still pending consideration. The case is purely civil in nature. The informant has attempted to cloak it with criminal flavour only to harass the applicant. At this stage, there is no credible evidence to link the applicant with the offence. The criminal history of the applicant has been explained in para 3 and 4 of the supplementary affidavit. The investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 5. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant, in particular the fact that the applicant has instituted a civil suit in the court of Civil Judge (Sr. Div.), Baghpat for restraining the State authorities from interfering in his possession of the disputed land; the Civil Judge (Sr. Div.), Baghpat vide order dated 20.02.2025 directed the parties to maintain status-quo; the case is purely civil in nature; at this stage, there is no substantive evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Rajeev 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. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 4.8.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad