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2025 DAILYLAW 90707 (ALL)

MOHD. NAVI v. STATE OF U.P. AND ANOTHER

NABAIL/7113/2025 · 2025-08-31

Vivek Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7113 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant as well as Sri V.P.Tripathi, learned AGA for the State, and perused the material placed on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 143 of 2019, under Sections 420, 467, 468 IPC, Police Station Sirauli, District Bareilly. 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. The name of the applicant surfaced during the course of investigation. The applicant has taken loan under Kisan Credit Card (KCC) from the Bank of Baroda, Hardaspur branch. The applicant has not forged or manipulated any documents. No recovery proceedings have been initiated by the bank, so far. The essential ingredients to constitute the alleged offences are not made out. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. It is next submitted that the investigation is pending for more than six years and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned AGA opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police Versus Counsel for Applicant(s) : Girja Shanker Sen, Krishna Dutt Awasthi Counsel for Opposite Party(s) : G.A. Mohd. Navi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) report. 6. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant, in particular the fact, that the applicant was not named in the first information report; the name of the applicant surfaced during the course of investigation; no recovery proceedings have been initiated by the bank, so far; at this stage, there is no substantive evidence to link the applicant with the offence; without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant- Mohd. Navi be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C. on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (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 him from disclosing such facts to the Court or to any police officer; (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 S.S.P./S.P. concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. NABAIL No. 7113 of 2025 2 10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11. The application stands disposed of. September 1, 2025 Lbm/- NABAIL No. 7113 of 2025 3 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad