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. - 7322 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Heard counsel for the applicant as well as Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record. 2. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.193 of 2025, under sections 308(5), 115(2), 352, 351(3) B.N.S., P.S. Kotwali Shamli, District Shamli. 3. 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 was disclosed by the named co-accused Harendra Sharma in police custody. The alleged statement, insofar as it implicates the applicant, is unreliable. The alleged amount of extortion was received by the other co-accused. The case of the applicant is clearly distinguishable from that of other co-accused. The C.C.T.V. footage does not connect the applicant with the offence. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. Investigation is pending and 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. 4. Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by counsel for the applicant, Versus Counsel for Applicant(s) : Ajai Mani Tiwari Counsel for Opposite Party(s) : G.A. Vikky Malik .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
considering the nature of accusations, antecedents of the applicant and the fact that the applicant was not named in the first information report, the name of the applicant was disclosed by the named co-accused Harendra Sharma in police custody, the alleged amount of extortion was received by the other co-accused, the C.C.T.V. footage does not connect the applicant with the offence, 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 to be enlarged on anticipatory bail. 6.
6. In the event of arrest, the applicant Vikky Malik, 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 him from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the pendency 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. (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 NABAIL No. 7322 of 2025 2
appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. September 9, 2025 S.S.
NABAIL No. 7322 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad