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Neutral Citation No. - 2025:AHC:134413 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6381 of 2025 Applicant :- Kuldeep Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant, 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. 03 of 2024, under section 413 I.P.C. and Section 4/25 of Arms Act, Police Station- Bilaspur, District- Rampur. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant was earlier granted bail by the Chief Judicial Magistrate, Rampur vide order dated 16.01.2024 passed in Bail Application No. 202 of 2014 in Case Crime No. 03 of 2024 under Sections 411, 414 I.P.C. and Sections 4/25 of Arms Act, Police Station- Bilaspur, District- Rampur. After investigation, charge-sheet has been submitted under Section 413 I.P.C. It is contended that false recovery has been shown. There is no independent witness to the alleged recovery. At this stage, there is no credible evidence to link the applicant with the offence. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated 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, 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, antecedents of the applicant and the fact that the applicant was earlier granted bail by the Chief Judicial Magistrate, Rampur vide order dated 16.01.2024 passed in Bail Application No. 202 of 2014 in Case Crime No. 03 of 2024 under Sections
411, 414 I.P.C. and Sections 4/25 of Arms Act, Police Station- Bilaspur, District- Rampur, the fact that there is no independent witness to the alleged recovery, at this stage, there is no substantive evidence against the applicant, charge-sheet has been filed, the applicant 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 applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Kuldeep 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 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 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 :- 8.8.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad