LAKSHYA AGARWAL ALIAS SAURABH AGARWAL v. STATE OF U.P. AND ANOTHER
NABAIL/7615/2025 · 2025-09-16
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 97124 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 97124 (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. - 7615 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicant as well as Sri Anupam Anand, learned brief holder for the State, and perused the material placed on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 321 of 2025, under Sections 316(5), 317(4), 318(4), 303(2) B.N.S. and Section 3/7 Essential Commodities Act, Police Station Highway, District Mathura. 3. Learned 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 alleged tankers does not belong to the applicant. The applicant has no concern with the alleged recovery of spurious petroleum products. The name of the applicant was subsequently disclosed by the constable Brijraj. The recovery is false and planted. There is no independent witness to the recovery. The said statement, insofar as it implicates the applicant, is unreliable. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. It is next submitted that the investigation is pending and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned brief holder for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. Versus Counsel for Applicant(s) : Ram Prakash Counsel for Opposite Party(s) : G.A. Lakshya Agarwal Alias Saurabh Agarwal .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
5. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant, in particular the fact, that the applicant was not named in the first information report; the name of the applicant was subsequently disclosed by the constable Brijraj; there is no independent witness to the recovery; 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 for anticipatory bail till the submission of police report. 7.
7. In the event of arrest, the applicant- Lakshya Agarwal @ Saurabh Agarwal be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) BNSS, 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 applicant shall make himself available for interrogation by a police officer as and when required; (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 India without the previous permission of the Court and if he has passport, the same shall be deposited by him 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 NABAIL No. 7615 of 2025 2
Court while considering and deciding the present anticipatory bail application of the applicant. 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 17, 2025 Lbm/- NABAIL No. 7615 of 2025 3 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad