Ajay Kumar Dubey Vs State of U.P.

Neutral Citation No. - 2025:AHC:70006

Court No. - 84

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2725 of 2025

Applicant :- Ajay Kumar Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Anupama Tripathi,Rakesh Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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

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This anticipatory bail application has been moved seeking bail in Case Crime No. 547 of 2019, under Sections 409, 467, 468, 471 of IPC, Police Station- Kotwali City, District- Bijnor, till the conclusion of trial.

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Counsel for the applicant submits that applicant has been falsely implicated in the present case. Instant FIR has been registered under Sections 420, 406, 120-B, 323, 504 & 506 IPC and earlier applicant approached this Court by filing Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 10415 of 2024 and this Court vide order dated 25.11.2024 granted anticipatory bail to the applicant till submission of police report under Section 173(2) Cr.P.C. He next submitted that till date no charge-sheet has been submitted against the applicant. I.O. has submitted chargesheet against one co-accused. He further submitted that during investigation, I.O. has added Sections 409, 467, 468, 471 IPC against the applicant, thereafter, applicant filed anticipatory bail application before the Trial Court and Trial Court vide order dated 18.02.2025 rejected the anticipatory bail application of the applicant. Applicant has not misused the liberty of anticipatory bail granted to him by this Court vide order dated 25.11.2024. He would co-operated with the trial proceedings. 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

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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- Ajay Kumar Dubey , who is involved in the aforesaid crime, be released on anticipatory bail till submission of police report U/s 173(2) Cr.P.C./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 :-

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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 applicants.

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The application stands allowed .

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Order Date :- 2.5.2025 Aditya

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

Ajay Kumar Dubey v. State of U.P.

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