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2025 DAILYLAW 81646 (ALL)

YUVRAJ AND ANOTHER v. STATE OF U.P.

NABAIL/6190/2025 · 2025-08-11

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:136061 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6190 of 2025 Applicant :- Yuvraj And Another Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Singh,Jitendra Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicants, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 337 of 2021, under sections 379, 411, 120B of I.P.C. and Sections 2, 3, 3(2)(e) of Prevention of Damages to Public Property Act, Police Station- Naimandi, District- Muzaffar Nagar. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. The applicants are the owners of the trucks in question. The essential ingredients to constitute the alleged offences are not made out. During the course of investigation, the applicants were granted anticipatory bail till submission of charge-sheet vide order dated 13.12.2021 passed in Criminal Misc. Anticipatory Bail Application No. 15916 of 2021. Investigation has been completed. Charge-sheet has been filed. The applicants had cooperated in the investigation. The applicants have been summoned by the concerned court. No custodial interrogation is required. The applicant no. 2 has no criminal antecedents. The criminal history of the applicant no. 1 is explained in para no. 25 of the affidavit. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they 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 the fact that the essential ingredients to constitute the alleged offences are not made out, at this stage, there is no substantive evidence against the applicants, during the course of investigation, the applicants were granted anticipatory bail by this Court, charge-sheet has been filed, the applicants 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 applicants are entitled to be enlarged on anticipatory bail. 6. 6. In the event of arrest, the applicants Yuvraj and Maniraj, 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 make themselves available on each date fixed in the matter by the court concerned; (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 from disclosing such facts to the Court; (iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them 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 :- 12.8.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad