HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7198 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Supplementary affidavit filed by counsel for the applicant is taken on record. 2. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 3. This application has been filed seeking anticipatory bail in Complaint Case No. 8336 of 2021, under sections 323, 341. 392 I.P.C., Police Station- Quarsi, District- Aligarh. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 30.08.2019 at 2 P.M. As per the first information report, the victim was recovered after two hours of the alleged incident. The first information report was lodged on 01.09.2019 at 18:33 hours. The delay is fatal to the prosecution case. In the alleged incident, the victim has not received any injury. At this stage, there is no credible evidence to link the applicant with the offence. After investigation, final report was submitted in favour of the applicant. Thereafter, the protest petition was filed. Police report was rejected and the applicant has been summoned. It is contended that the applicant has not committed any offence of robbery. 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. Versus Counsel for Applicant(s) : Ashwani Singh Counsel for Opposite Party(s) : G.A. Khargesh Varshney .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that the F.I.R. was lodged belatedly, the fact that in the alleged incident, the victim has not received any injury; after investigation, final report was submitted in favour of the applicant, 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. 7. 7. In the event of arrest, the applicant Khargesh Varshney, 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. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. September 18, 2025 Sachin Mishra NABAIL No. 7198 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad