Anticipatory bail application under Section 482 BNSS for an offence of cheating and criminal breach of trust registered on a delayed FIR with no chargesheet filed. The court noted parity with co-accused already released on anticipatory bail and allowed the application.
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Neutral Citation No. - 2025:AHC:32655
Court No. - 70
Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1264 of 2025
Applicant :- Chanchal Rastogi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Manish Singh,Sushma Singh Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
undertakes that applicant will co-operate in the trial, failing which, the State can move appropriate application for cancellation of the anticipatory bail. It has been submitted that in case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.
i. The applicant shall not leave India during the pendency of trial without prior permission from the concerned trial Court.
ii. The applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court.
iii. 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;
iv. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in
accordance with law to ensure presence of the applicant.
v. In case, the applicant misuse the liberty of bail, the trial Court concerned may take appropriate action in accordance with law.
vi. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 6.3.2025 NSC
Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant was entitled to anticipatory bail in a cheating and criminal breach of trust case given parity with co-accused already released on anticipatory bail.
Colour shows how this judgement treated each authority
Sushila Aggarwal Vs. State (NCT of Delhi)Relied on¶5
2020 SCC online SC 98 · Who else cites this
5 provisions across 2 enactments
Chanchal Rastogi
State Of U.P.
2 Others
Deepak Verma
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
