Arvind Alias Arvind Kumar Vs State of U.P.

Neutral Citation No. - 2025:AHC:136999

Court No. - 69

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2159 of 2025

Applicant :- Arvind Alias Arvind Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Vishal Tandon Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Second supplementary affidavit filed by counsel for the applicant is taken on record.

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Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record.

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This application has been filed seeking anticipatory bail in Case No.8092 of 2022 pending in the Court of Additional Chief Judicial Magistrate-Ist, Muzaffar Nagar, arising out of Case Crime No.0627 of 2018, under Sections 420, 465, 468, 470, 471 I.P.C., Section 3/7 of Essential Commodities Act and Section 66-D of I.T. (Amendment) Act, 2000 and Sections 34 and 35 of Aadhar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016, Police StationCivil Lines, District- Muzaffar Nagar, during the pendency of trial.

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Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant surfaced during the course of investigation. No complaint was preferred by the card holders against the fair price shop dealers. During the pendency of investigation, the applicant was granted the benefit of Section 41-A Cr.P.C. It is next contended that identically placed co-accused Shagun and Lavkush have been granted anticipatory bail by this Court vide orders dated 6.2.2024 and 1.3.2024 passed in Criminal Misc. Anticipatory Bail Application Nos.122 of 2024 and 1763 of 2024. Applicant claims parity. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned Court. No custodial interrogation is required. Criminal history of the applicant has been explained in para no.34 of the bail application and in para nos.7 and 8 of the second supplementary affidavit. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said

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liberty.

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Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant, and the fact that the applicant was not named in the first information report; the name of the applicant surfaced during the course of investigation; during the pendency of investigation, the applicant was granted the benefit of Section 41-A Cr.P.C.; identically placed co-accused Shagun and Lavkush have been granted anticipatory bail by this Court; investigation has been completed; charge sheet has been filed; the applicant had cooperated in the investigation; the applicant has been summoned by the concerned court, no custodial interrogation is required; without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

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In the event of arrest, the applicant Arvind alias Arvind Kumar, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) the applicant shall make himself available on each date fixed in the matter by the court concerned;

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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;

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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 him before the concerned court.

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In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

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The application stands disposed of.

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Order Date :- 12.8.2025 Manish Kr

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

Arvind Alias Arvind Kumar v. State of U.P.

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Arvind Alias Arvind Kumar v. State of U.P.

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