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2025 DAILYLAW 92517 (ALL)

SANTRAM AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NABAIL/7301/2025 · 2025-09-14

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. - 7301 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicants, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No. 509 of 2022, under sections 420, 467, 468, 471, 409, 120B of I.P.C. and Section 3/7 of Essential Commodities Act, Police Station- Tanda, District- Rampur. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. The applicant nos. 1 and 2 were the members of the Administrative Committee and the applicant no. 3 was the Pradhan of the Gram Panchayat Pranpur, Block- Saidnagar, District- Rampur. The co- accused, Ahsan Ali was a fair price shop dealer. The essential commodities were to be distributed by the co-accused, Ahsan Ali. The applicants have no role in the said distribution. The essential ingredients to constitute the alleged offences are not made out. Investigation has been completed. Charge-sheet has been filed. The applicants had cooperated in the investigation. The applicants have been summoned by the concerned court. No custodial interrogation is required. 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. has opposed the prayer for anticipatory bail but could not Versus Counsel for Applicant(s) : Vikrant Gupta Counsel for Opposite Party(s) : G.A. Santram And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicants and the fact that at this stage, there is no substantive evidence against the applicants, charge-sheet has been filed, the applicants had cooperated in the investigation and no custodial interrogation is required, without commenting on the 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 Santram, Abid and Ashraf Ali, 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 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. 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 15, 2025 Sachin Mishra NABAIL No. 7301 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad