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2025 DAILYLAW 81980 (ALL)

KHUSHIRAM v. STATE OF U.P. AND ANOTHER

NABAIL/6225/2025 · 2025-08-11

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:136341 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6225 of 2025 Applicant :- Khushiram Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Darwari Lal Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State, and perused the material placed on record. 2. The instant application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 143 of 2019, under Sections 420, 467, 468 of I.P.C., Police Station Sirauli, District Bareilly. 3. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant surfaced during the course of investigation. The applicant has taken Kisan Credit Card (KCC) Loan from the Bank of Baroda, Hardaspur Branch. The applicant is repaying the loan amount in installments. At this stage, there is no credible evidence to link the applicant with the offence. Further, identically placed co-accused Satya Pal, Rampal and Hardwari have been granted anticipatory bail by this Court vide orders dated 13.02.2025 and 04.03.2025 passed in Criminal Misc. Anticipatory Bail Application Nos. 287 of 2025 and 1580 of 2025 respectively. The applicant claims parity. The investigation is pending for almost six years. It is next submitted that the applicant has apprehension of his arrest and in case the applicant is released on anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. for the State has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Counsel for the applicant 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 applicant and the fact that the applicant was not named in the first information report, the name of the applicant surfaced during the course of investigation, the fact that identically placed co-accused Satya Pal, Rampal and Hardwari have been granted anticipatory bail by this Court; at this stage, there is no substantive evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant- Khushiram be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173(2) of 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 applicant shall make himself available for interrogation by a police officer as and when required; (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 from disclosing such facts to the Court or to any police officer; (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 Police Commissioner 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 applicant. 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 applicant. 10. The applicant is 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 :- 12.8.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad