TRIPTI BENGANI AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
NABAIL/7463/2025 · 2025-09-17
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 90591 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 90591 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7463 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicants, Sri Rajshekhar Srivastava, learned AGA for the State- opposite party, and Sri Pradeep Kumar Shukla,
learned counsel for the informant, and perused the material available on record.
2. This application has been filed seeking anticipatory bail in Case Crime No. 292 of 2020, under Sections 385, 406, 504, 506 I.P.C., Police Station Feelkhana, District Kanpur Nagar.
3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. The applicants are the Directors of the firm known as Bengani Commodities Private Limited. A purely commercial dispute between the applicant's company and the informant has been given colour of a criminal case. The alleged non-payment of money or breach of terms of the agreement would, at the most, constitute a civil wrong. Further, the applicants have not committed any act of extortion. Investigation has been completed. Charge-sheet has been submitted. The applicants have cooperated in the investigation. No custodial interrogation is required. The applicants have been summoned by the court concerned. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case the applicants are granted anticipatory bail, they will not misuse the said liberty.
4. Learned A.G.A. and learned counsel for the informant opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid Versus Counsel for Applicant(s) : Rakesh Dubey Counsel for Opposite Party(s) : G.A., Pradip Kumar Shukla Tripti Bengani And Another .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s)
submissions from the record.
5. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicants and, in particular, the fact that the matter is purely civil in nature; the alleged non-payment of money or breach of terms of the agreement would, at the most, constitute a civil wrong ; investigation has been completed; the applicants have cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail.
6. In the event of arrest, the applicants- Tripti Bengani and Harish Bengani, 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 applicants shall make themselves available on each and every date fixed in the matter by the court concerned; (ii) The applicants 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 applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the concerned court.
7. Further, 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. September 18, 2025 SKT/- NABAIL No. 7463 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad