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2025 DAILYLAW 81686 (ALL)

PAWAN KUMAR AND ANOTHER v. STATE OF U.P.

NABAIL/6272/2025 · 2025-08-05

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133049 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6272 of 2025 Applicant :- Pawan Kumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Agarval Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicants 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.44 of 2022, under section 3/7 of Essential Commodities Act, P.S. Jahangirabad, District Bulandshahr. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. False recovery of 25 bags of D.A.P. Mogek Brand has been shown from the shop of the applicants. There is no independent witness to the alleged recovery. During the course of investigation the applicants were granted anticipatory bail till submission of police report vide order dated 6.5.2022 passed in Criminal Misc. Anticipatory Bail Application No. 3517 of 2022. The investigation has been completed. The applicants had cooperated in the investigation. No custodial interrogation is required. The applicants have been summoned by the concerned Court. The applicants have no criminal antecedents. 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. 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 applicants and the fact that there is no independent witness to the alleged recovery, during the course of investigation the applicants were granted anticipatory bail till submission of police report, the fact that 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. In the event of arrest, the applicants Pawan Kumar, Madanpal Singh, 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 and every 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 their 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 :- 6.8.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad