Swapnil Soni vs State of U.P. Thru. Prin. Secy. Home and Another

Court No. - 15

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 104 of 2025

Applicant :- Swapnil Soni Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another

Counsel for Applicant :- Suresh Chandra Srivastava,Vaibhav Srivastava,Vijay Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 613 of 2024 under sections 191(2), 191(3), 190, 109(1), 74, 115(2), 352 and 351(3) of B.N.S. P.S.Akbarpur District -Ambedkar Nagar.

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The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant is not named in the first information report and only due to misconception of the injured, the name of the applicant came into light whereas, he was not present on the spot and those accused persons who were present on spot were named in the first information report. He submits that the case of the present applicant is distinguishable from the role of the other co-accused persons who are named. He also submits that there is no complaint that the applicant is not cooperating in the investigation proceedings as he has always cooperated with the investigation proceedings and he undertakes that he would never abscond from any criminal proceedings. He also submits that there is acute apprehension that the applicant will be arrested by the police thus, submission is that the the applicant may be granted anticipatory bail.

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On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is involved in committed offence, as such, he is not entitled to be released on anticipatory bail.

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Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Swapnil Soni shall be released forthwith, in case of his arrest in the aforesaid

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case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) that the applicant shall make himself available for interrogation by a police officer as and when required;

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(ii) that 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 or tamper with the evidence;

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(iii) that the applicant shall not leave India without the previous permission of the court;

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(iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial;

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(v) that the applicant shall not pressurize/ intimidate the prosecution witness;

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

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(vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

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Let notice be issued to opposite party no. 2, returnable at an early date.