Suresh vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:103921

Court No. - 69

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3688 of 2025

Applicant :- Suresh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajat Gupta,Sriram Dhar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Supplementary affidavit, filed by the counsel for the applicant, is taken on record.

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Heard counsel for the applicant as well as Sri N.K. Sharma, learned A.G.A. for the State and perused the material placed on record.

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This application under section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No.533 of 2013, under sections 420, 467, 468, 471 I.P.C., P.S. Kothibhar, District Maharajganj.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. After the registration of the present first information report the license of fair price shop was cancelled by the competent authority in contemplation of inquiry. After a detailed inquiry the license of the fair price shop was restored in favour of the applicant. Pursuant thereto, the applicant is still running the fair price shop. The present first information report has been lodged by an individual card holder. At this stage, there is no credible evidence to link the applicant with the offence. The investigation has been completed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The applicant has no criminal antecedents. 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 liberty.

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Learned A.G.A. 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 by learned counsel for

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the applicant, considering the nature of accusations and antecedents of the applicant and the fact that after a detailed inquiry the license of the fair price shop was restored in favour of the applicant, pursuant thereto the applicant is still running the fair price shop, the present first information report has been lodged by an individual card holder, at this stage, there is no substantive evidence to link the applicant with the offence, the fact that the applicant had cooperated in the investigation and 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 Suresh , 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 and every 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 his 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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9. The application stands disposed of.

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Order Date :- 3.7.2025 S.S.

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Suresh v. State of U.P. and Another

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