Vishnu Keshari Vs State of U.P.

Neutral Citation No. - 2025:AHC:5359

Court No. - 70

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 12197 of 2024

Applicant :- Vishnu Keshari Opposite Party :- State of U.P. Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Shriprakash Dwivedi, learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 159 of 2024, under Sections 318(4), 319(2), 336(3), 338, 340(2) of BNS, P.S. Obra, District Sonbhadra.

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Counsel for the applicant submits that applicant has been falsely implicated in the present case. Applicant having on concern with the alleged incident. Applicant is owner of the alleged vehicle and he has filed RC of vehicle, the same is annexed as annexure 3 to the affidavit. Driver of the vehicle had made allegation against coaccused Dineshwar Kewshari for giving false invoice and Form-C to him. Applicant has not given any forged papers to the driver of the alleged vehicle. Investigation is going on. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

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Learned AGA opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out. The apprehension of the applicant is not founded on any material on record, only on the basis of imaginary fear, the anticipatory bail cannot be granted.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.

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Let the applicant- Vishnu Keshari, who is involved in the aforesaid crime, be released on anticipatory bail till submission of police report U/s 193(3)(i) of BNSS on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions :-

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

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(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;

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(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 them before the S.S.P./S.P. concerned.

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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.

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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 certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The present anticipatory bail application stands allowed .

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Order Date :- 10.1.2025 Nitin Verma

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Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad

Vishnu Keshari v. State of U.P.

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