BRIJ BAHADUR SINGH AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NABAIL/7506/2025 · 2025-09-14
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 95309 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 95309 (ALL) · dailylaw.ai ]
Judgment text
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. - 7506 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Vakalatnama, filed by Sri Sandeep Kumar, Advocate on behalf of the opposite party no.2, is taken on record. 2. Heard counsel for the applicants as well as Sri N.K. Sharma, learned A.G.A. for the State and and Sri Sandeep Kumar, counsel for the opposite party no.2. Perused the material placed on record. 3. This application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No.179 of 2025, under sections 420, 409 I.P.C., P.S. Etmadpur, District Agra. 4. Counsel for the applicants submits that the applicants were not named in the first information report and have been falsely implicated in the present case. The name of the applicants surfaced during the course of the investigation. Earlier the named co-accused Deepak Singh lodged a first information report against the son of the informant registered as Case Crime No. 0105 of 2025, under Sections 420, 409 I.P.C., P.S. Etmadpur, District Agra. In the said case, the investigation is pending. In counter blast to the said proceedings, the instant prosecution has been instituted. The dispute pertains to the committee of management of the college. No amount has been credited in the bank account of the applicants. The applicants are not the beneficiary of any illicit transaction. The essential ingredients to constitute the alleged offences are not made out. At this stage, there is no Versus Counsel for Applicant(s) : Adarsh Bhushan, Avadhesh Pratap Singh Counsel for Opposite Party(s) : G.A. Brij Bahadur Singh And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
credible evidence to link the applicant with the offence. The applicants have no criminal history. Investigation is pending and the applicants have apprehension of their arrest in the above mentioned case. In case, the applicants is granted anticipatory bail, they will not misuse the said liberty. 5. Learned A.G.A. for the State and counsel for the opposite party no.2 opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Learned counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7.
Having regard to the submissions made, considering the nature of accusations, antecedents of the applicants and the fact that the applicants were not named in the first information report, the name of the applicants surfaced during the course of the investigation, earlier the named co-accused Deepak Singh lodged a first information report against the son of the informant, 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 applicants are entitled for anticipatory bail till the submission of police report. 8. In the event of arrest, the applicants Brij Bahadur Singh, Samokh Singh, Mordhavaj Singh, Diwakar 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 applicants shall make themselves available for interrogation by a police officer as and when required; (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 or to any police officer; (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 NABAIL No. 7506 of 2025 2
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 applicants. 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 15, 2025 S.S.
NABAIL No. 7506 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad