Vikki Rajbhar Vs State of U.P. and 2 Others — Anticipatory Bail | Allahabad HC (2025)

Vikki Rajbhar Vs State of U.P. and 2 Others — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to applicant Vikki Rajbhar till submission of the police report under S. 193(3)(i) BNSS, on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court, subject to the stated conditions (availability for interrogation; no inducement, threat or promise; no leaving India without previous permission and deposition of passport with S.S.P./S.P. concerned); Investigating Officer free to seek cancellation on breach of any condition; investigation to be concluded expeditiously, preferably within three months of production of a certified copy of the order.

Issue for consideration

Whether applicant Vikki Rajbhar, accused in Case Crime No. 08 of 2025 (Sections 69, 352, 351(3) BNS, P.S. Khanpur, District Ghazipur), is entitled to anticipatory bail under Section 482 BNSS till conclusion of trial, given his apprehension of imminent arrest and the learned AGA's opposition that his apprehension rests only on imaginary fear.

Court's answer

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 for a limited period, taking into account the exception considered by the Hon'ble Supreme Court in Sushila Aggarwal Vs. State (NCT of Delhi).

Ratio / Principle

Applicant Vikki Rajbhar is to be released on anticipatory bail till submission of the police report under S. 193(3)(i) BNSS, on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court, subject to the conditions that he make himself available for interrogation as and when required, not directly or indirectly make any inducement, threat or promise to dissuade disclosure of facts to the Court or any police officer, and not leave India without previous permission of the Court (passport, if held, to be deposited with the S.S.P./S.P. concerned).

Key takeaways

In default of any of the imposed conditions, the Investigating Officer is at liberty to file an appropriate application for cancellation of the anticipatory bail granted to the applicant.ratio¶15
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously, preferably within three months from the date of production of a certified copy of the order, independently and without being prejudiced by any observation made by this Court in deciding the anticipatory bail application.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.; Court No. 67; Neutral Citation 2025:AHC:48464) allowed Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 1980 of 2025 filed by Vikki Rajbhar, accused in Case Crime No. 08 of 2025, under Sections 69, 352, 351(3) of B.N.S., P.S. Khanpur, District Ghazipur. Without expressing any opinion on the merits, and considering the nature of accusation and antecedents, the court held the applicant entitled to anticipatory bail for a limited period, relying on the exception considered by the Supreme Court in Sushila Aggarwal Vs. State (NCT of Delhi), 2020 SCC Online SC 98. Bail extends till submission of the police report under S. 193(3)(i) BNSS, on a personal bond with two sureties each in the like amount, conditioned on availability for interrogation, no inducement/threat/promise, and no departure from India without prior permission (passport to be deposited with S.S.P./S.P.). On default, the Investigating Officer may apply for cancellation; the Investigating Officer was further directed to conclude the investigation expeditiously, preferably within three months of a certified copy of the order, independently of the court's observations. Order dated 5.4.2025; the learned AGA had opposed the prayer.

Neutral Citation No. - 2025:AHC:48464

Court No. - 67

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1980 of 2025

Applicant :- Vikki Rajbhar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ajeet Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant and learned AGA for the State and perused the material placed on record.

This anticipatory bail application has been moved seeking bail in Case Crime No. 08 of 2025, under Sections 69, 352, 351(3) of B.N.S., P.S. Khanpur, District- Ghazipur, till the conclusion of trial.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to ulterior motive; there is no direct evidence against the applicant. Allegation of physical relationship between applicant and informant appears to be consensual as victim is a married lady. 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.

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.

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.

Let the applicant- Vikki Rajbhar , who is involved in the aforesaid crime, be released on anticipatory bail till submission of police report U/s 193(3) (i) 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 :-

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

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.

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 applicants.

The application stands allowed .

Order Date :- 5.4.2025 Aditya

Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad