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2025 DAILYLAW 86935 (ALL)

PINTU v. STATE OF U.P. AND ANOTHER

NABAIL/6721/2025 · 2025-08-20

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:143568 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6721 of 2025 Applicant :- Pintu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harikesh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant 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.309 of 2022, under sections 420, 467, 468, 471, 120B I.P.C., P.S. Khurja Dehat, District Bulandshahar. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. Initially, the first information report was lodged under Sections 381, 411, 414 I.P.C. During the course of investigation section 381 was deleted. The applicant was granted regular bail by the court concerned under section 411 and 414 I.P.C. vide order dated 30.9.2022 passed in Criminal Bail Application No. 5040 of 2022 (Pintu vs. State of U.P.). Thereafter, the applicant filed an application for release of 24.400 tons of iron rods in his favour. The said application was allowed by the court concerned vide order dated 9.11.2022. Against the said order, the State filed a criminal revision before the Sessions Judge concerned. During the pendency of criminal revision, the State filed an application under Section 391 Cr.P.C. The application under section 391 Cr.P.C. was allowed on 18.3.2023. Aggrieved by the said order the applicant filed an Application u/s 482 No. 17306 of 2023 (Pintu vs. State of U.P. and another). This Court vide order dated 31.7.2023 disposed of the said application granting liberty to the applicant to move an appropriate application before the revisional authority and the revisional court was directed to decide the same in accordance with law. The Sessions Judge vide order dated 24.8.2023 directed the concerned Magistrate to release 18.70 tons iron rods in accordance with law. Consequent thereto 18.70 tons iron rods was released in favour of the applicant. After investigation charge-sheet has been submitted against the applicant under sections 420, 467, 468, 471, 120B I.P.C. It is next contended that the applicant has been forged or manipulated any documents. The essential ingredients to constitute the alleged offences are not made out. The investigation has been completed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. 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. 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 applicant and the fact that the applicant was earlier granted regular bail by the court concerned under sections 411, 414 I.P.C., the iron rods weighing 18.70 tons have already been released in favour of the applicant by the Sessions Judge concerned, further the essential ingredients to constitute the alleged offences are not made out, at this stage there is no substantive evidence to link the applicant with the offence, the fact that 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 Pintu, 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 and every 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 his 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 :- 21.8.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad