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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7111 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Heard counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 2. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 244 of 2025, under Sections 318(4), 316(2), 351(3), 352 of B.N.S., Police Station- Gonda, District- Aligarh. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The alleged amount was credited in the bank account of the co-accused, Indrapal Singh @ Bittu. No amount has been credited in the bank account of the applicant. The applicant is not a beneficiary of any illicit transactions. 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 criminal history of the applicant has been explained in para no. 19 of the affidavit. The investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is released on anticipatory bail, he will not misuse the said liberty. Versus Counsel for Applicant(s) : Ashutosh Kumar Mishra Counsel for Opposite Party(s) : G.A. Amit Kumar Attri .....Applicant(s) State of U.P. .....Opposite Party(s)
4. Learned A.G.A. has 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 the fact that the alleged amount was credited in the bank account of the co-accused, Indrapal Singh @ Bittu, the essential ingredients to constitute the alleged offences are not made out, at this stage, there is no substantive evidence against the applicant, 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 Amit Kuamr Attri, 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. NABAIL No. 7111 of 2025 2
(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 351 of B.N.S.S.
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. September 8, 2025 Sachin Mishra NABAIL No. 7111 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad