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Neutral Citation No. - 2025:AHC:130947 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5945 of 2025 Applicant :- Rakesh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Imaran Ahmad Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Supplementary affidavit filed by counsel for the applicants is taken on record. 2. Heard counsel for the applicants, Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 3. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 203 of 2025, under Sections 420, 467, 468, 471, 504, 506 I.P.C., Police Station- Kotwali Sadar, District- Deoria. 4. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. The informant had earlier lodged a first information report against the applicants on 20.08.2024 at P.S. Nagla Singhi, District- Firozabad registered as Case Crime No. 0102 of 2024 under Sections 80(2), 85 of B.N.S. and Section 3/4 of Dowry Prohibition Act. In the said case, the applicant no. 1 was granted bail by this Court vide order dated 16.01.2025 passed in Criminal Misc. Bail Application No. 1257 of 2025 (Rakesh vs. State of U.P.). In order to further harass the applicants, the present prosecution has been instituted. At this stage, there is no credible evidence to establish that any amount was paid in cash to the applicants. The applicants have not forged or manipulated any documents. The criminal history of the applicants have been explained in para no. 2 of the supplementary affidavit. The investigation is still pending. It is next submitted that the applicants have apprehension of their arrest and in case, the applicants are released on anticipatory bail, they will not misuse the said liberty. 5. Learned A.G.A. has 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 the fact that the informant had earlier lodged a first information report against the applicants on 20.08.2024 at P.S. Nagla Singhi, District- Firozabad registered as Case Crime No. 0102 of 2024 under Sections 80(2), 85 of B.N.S. and Section 3/4 of Dowry Prohibition Act, in the said case, the applicant no.
1 was granted bail by this Court, at this stage, there is no credible evidence to establish that any amount was paid in cash to the applicants, 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 applicants Rakesh and Pravendra @ Neta, 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 applicants 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 applicants 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 them from disclosing such facts to the court or to any police officer; (iii) The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicants shall surrender their passport, if any, to the concerned Court forthwith. Their passport will remain in custody of the concerned Court. (v) The applicants 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 applicants 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 :- 5.8.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad