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2025 DAILYLAW 93176 (ALL)

VED YADAV ALIAS ANMOL v. STATE OF U.P.

NABAIL/7314/2025 · 2025-09-08

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. - 7314 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Copy of recovery memo, produced by Sri Anupam Ananad, learned brief holder for the State, is taken on record. 2. Heard counsel for the applicant as well as Sri Anupam Anand, learned A.G.A. for the State and perused the material placed on record. 3. This application has been filed seeking anticipatory bail in Case Crime No.84 of 2025, under section 140(1), 109, 324(4), 324(5) B.N.S., P.S. Civil Lines, District Etawah. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report lodged on 25.5.2025 at 21.29 hours, the son of the informant was kidnapped by an unknown person travelling in a Swift Desire Care bearing registration No. UP 75 AU 1854. According to the recovery memo the abductee was recovered by the police team on 25.5.2025 at 4 p.m. In the statement of the abductee, the name of the applicant was disclosed. It is contended that since the abductee had already disclosed the applicant's name, prior to the lodging of the first information report, the omission of the applicant's name in the first information report Versus Counsel for Applicant(s) : Pankaj Kumar Mishra Counsel for Opposite Party(s) : G.A. Ved Yadav Alias Anmol .....Applicant(s) State of U.P. .....Opposite Party(s) casts serious doubt on the prosecution case. The applicant and the informant were known to each other earlier. Further, at this stage, there is no credible evidence to link the applicant with the offence. The investigation has been completed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The applicant has no criminal antecedents. 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. 5. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant and the fact that prior to the lodging of the first information report the name of the applicant was disclosed by the abductee and as such omission of the applicant's name in the first information report discredits the prosecution case, at this stage, there is no substantive evidence to link the applicant with the offence, the fact that the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail till conclusion of trial. 7. In the event of arrest, the applicant Ved Yadav @ Anmol, 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 make himself available on each and every date fixed in the matter by the court concerned; (ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the NABAIL No. 7314 of 2025 2 facts of the case so as to dissuade from disclosing such facts to the Court; (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 his before the concerned court. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. September 9, 2025 S.S. NABAIL No. 7314 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad