Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:137567 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6261 of 2025 Applicant :- Sukhdeep Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 06 of 2022, under Section 406 IPC, Police Station Mandawali, District- Bijnor. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant and the opposite party no.2 were engaged in a business transaction since long. An amount of Rs. 5,35,545/- has remained unpaid. A mere transaction of sale cannot amount to an entrustment. The essential ingredients to constitute the alleged offence is not made out. The case is purely civil in nature. The opposite party no.2 has attempted to cloak it with criminal flavour to harass the applicant. During the pendency of investigation, the applicant was granted the benefit of Section 41-A Cr.P.C. Investigation has been completed. Charge sheet has been submitted. The applicant had co-operated in the investigation. 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 till conclusion of trial, 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, considering the nature of accusations and antecedents of the applicant, in particular the fact, that the essential ingredients to constitute the alleged offence
is not made out; the case is purely civil in nature; during the pendency of investigation, the applicant was granted the benefit of Section 41-A Cr.P.C.; charge sheet has been submitted; the applicant had co-operated in the investigation, 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 Sukhdeep, 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 him 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 :- 13.8.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad