Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:135190
Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6176 of 2025 Applicant :- Raj Kumari And Another Opposite Party :- State of U.P. Counsel for Applicant :- Saif Ali Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicants as well as Sri V.P. Tripathi, learned A.G.A. for the State. Perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 109 of 2024, under Sections 420, 467, 468, 471, 120-B I.P.C., Police Station - Atrauli, District -Aligarh. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. The applicants are the bonafide purchaser of the land in dispute. The sale consideration was duly paid by the applicants. The applicants themselves are the victim of fraud. At this stage, there is no credible evidence to link the applicants with the offence. The applicants are ladies and have no criminal antecedents. It is next submitted that the investigation is going on and 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. Counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicants and the fact that the applicants are the purchaser of the land in dispute; at this stage, there is no substantive evidence to link the applicants with the offence; without commenting on merits of the case, I am of the
opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicants- Raj Kumari and Pushpa Devi be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs.
50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicants shall make themselves available for interrogation by a police officer as and when required; (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 or to any police officer; (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 S.S.P./S.P. concerned.
8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants.
10. The applicants are directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
11. The application stands disposed of.
Order Date :- 11.8.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad