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2025 DAILYLAW 87791 (ALL)

RAVINDRA v. STATE OF U.P.

NABAIL/6771/2025 · 2025-08-21

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145221 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6771 of 2025 Applicant :- Ravindra Opposite Party :- State of U.P. Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State- opposite party, and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 442 of 2023, under Sections 420, 467, 468, 471, 406, 120-B I.P.C., Police Station Sadar Bazar, District Saharanpur. 3. Learned 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. During investigation, on the basis of statement of co-accused persons the applicant has been made accused in the present case. It is next contended that at this stage, except the statement of co-accused, there is no evidence against the applicant. Further, co-accused Rohit Agarwal has been granted anticipatory bail till conclusion of trial by this Court vide order dated 18.03.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 1456 of 2024, Rohit Agarwal v. State of U.P. and another. The applicant claims parity. The applicant has no criminal antecedents. The investigation is still pending and the applicant has apprehension of his arrest in the above case. 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, in particular, the fact that the applicant was not named in the first information report; during investigation, on the basis of statement of co- accused persons the applicant has been made accused in the present case; at this stage, except the statement of co-accused, there is no evidence against the applicant; and, co-accused Rohit Agarwal has been granted anticipatory bail till conclusion of trial by this Court, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. 6. In the event of arrest, the applicant- Ravindra 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation. (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 them from disclosing such facts to the court or to any police officer. (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.. 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 :- 22.8.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad