Sourabh Bhardwaj vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

Sourabh Bhardwaj vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim anticipatory bail granted till the next date of listing; in the event of arrest, release on interim anticipatory bail on a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the S.H.O. concerned, subject to specified conditions; final hearing of the application deferred after counter/rejoinder affidavits, with the record of Crl. Misc. Anticipatory Bail Application No. 6650 of 2024 to be placed on the file.

Issue for consideration

Whether the applicant Sourabh Bhardwaj should be released on anticipatory bail under Section 438 Cr.P.C. in Case Crime No. 123 of 2024, Police Station Baghpat, District Baghpat (offences under Sections 419, 420, 467, 468, 465, 471, 120-B IPC), till the conclusion of trial; interim protection was sought and considered at this stage. +1 more

Court's answer

As an interim measure, till the next date of listing, the applicant is granted anticipatory bail; in the event of arrest, he is to be released on interim anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the S.H.O. of the police station concerned.

Ratio / Principle

The interim anticipatory bail is made subject to conditions: availability for interrogation as and when required; no inducement, threat or promise to any person acquainted with the facts; no leaving India without previous permission of the Court, with deposit of passport if held; no tampering with evidence during trial; no pressurising/intimidating prosecution witnesses; and appearance before the trial court on each date fixed unless exempted.

Key takeaways

On default of any of the bail conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to move for cancellation of the anticipatory bail granted to the applicant.ratio¶18
Learned A.G.A. was granted four weeks' time to file a counter affidavit, with rejoinder affidavit, if any, within two weeks thereafter; the case is to be listed immediately after expiry of that period along with the record of Crl. Misc. Anticipatory Bail Application No. 6650 of 2024, the final hearing being deferred to the next date.ratio¶8

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Deepak Verma, J.; order dated 20.1.2025) granted interim anticipatory bail to applicant Sourabh Bhardwaj under Section 438 Cr.P.C. in Case Crime No. 123 of 2024, Police Station Baghpat, District Baghpat, for offences under Sections 419, 420, 467, 468, 465, 471 and 120-B of the Indian Penal Code. In the event of arrest, the applicant is to be released on interim anticipatory bail on a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the S.H.O. concerned, subject to conditions: availability for interrogation; no inducement, threat or promise to persons acquainted with the facts; no departure from India without previous permission of the Court and deposit of passport; no tampering with evidence; no pressurising/intimidation of prosecution witnesses; and appearance before the trial court on each date. On default of any condition, the Investigating Officer/Govt. Advocate/concerned court may seek cancellation of the bail. Learned A.G.A. was given four weeks to file a counter affidavit, rejoinder within two weeks thereafter; the case was ordered to be listed along with the record of Crl. Misc. Anticipatory Bail Application No. 6650 of 2024, in which, as urged by counsel, co-accused Nitin Kumar had been granted interim anticipatory bail (parity ground). Final decision on the bail application was deferred to the next date of listing.

Court No. - 70

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11585 of 2024

Applicant :- Sourabh Bhardwaj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandrajeet Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant; learned A.G.A. for the State and perused the material on record.

The present bail application has been filed on behalf of applicant under Section 438 of the Code of Criminal Procedure, with a prayer to release him on anticipatory bail in Case Crime No.123 of 2024 for offence punishable under Sections 419, 420, 467, 468, 465, 471, 120-B of the Indian Penal Code, registered at Police Station- Baghpat, District Baghpat, till the conclusion of trial.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Prosecution story is false and baseless. It is next submitted that similarly placed co-accused Nitin Kumar has been granted interim anticipatory bail by the Co-ordinate Bench of this Court vide order dated 24.07.2024 passed in Crl. Misc. Anticipatory Bail Application No. 6650 of 2024 and the applicant is also entitled to be enlarged on bail on the ground of parity. Instant case is squarely covered under section 438 Cr.P.C. The applicant has no criminal history to his credit. In case, the applicant is released on bail, he would not misuse the liberty of bail and would co-operate with the investigation. Applicant has definite apprehension of his arrest by the police.

Learned A.G.A. is granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks' thereafter.

List this case immediately after expiry of the aforesaid period along with record of Crl. Misc. Anticipatory Bail Application No. 6650 of 2024.

As an interim protection, till the next date of listing fixed for hearing on this application, the applicant is granted anticipatory

bail in the aforesaid case. In the event of arrest, the applicant shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the S.H.O of the police station concerned with the following conditions:-

(i) The applicant shall make himself available for interrogation by the 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 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./C.P./A.C.P concerned.

(iv) The applicant shall not tamper with the evidence during the trial.

(v) The applicant shall not pressurized/intimidate the prosecution witness.

(vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted.

In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

Order Date :- 20.1.2025 Meenu Singh

Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad