Vishal Kumar Singh Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:111303

Court No. - 69

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4545 of 2025

Applicant :- Vishal Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard counsel for the applicant and Mr. D.S. Khan, counsel for the informant as well as Mr. V.P. Tripathi, learned A.G.A. for the Stateopposite party. Perused the material placed on record.

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This application has been filed seeking anticipatory bail in Case Crime No. 284 of 2024, under Sections 308(5), 351(2) B.N.S., Police Station -Sigar, District -Varanasi.

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Counsel for the applicant submits that the applicant has been falsely implicated in the present case. Earlier the applicant had supplied building material to the informant. Pursuant thereto, the informant had transferred Rs.1 lakh in the bank account of the applicant. Thereafter, on 21.9.2021 the applicant had transferred Rs.15,000/- in the bank account of the informant. The applicant had lodged a complaint against the guest house run by the informant. Acting on the said complaint, the licence of the guest house run by the informant was cancelled by the competent authority. A prior dispute exists between the applicant and the informant. The instant prosecution has been instituted only for the purposes of harassment. At this stage, there is no credible evidence to link the applicant with the offence. Criminal history of the applicant has been explained in para no.21 of the bail application. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.

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Learned A.G.A. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

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Having regard to the submissions made by learned counsel for the

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applicant, considering the nature of accusations, antecedents of the applicant and the fact that a prior dispute exists between the applicant and the informant; at this stage, there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant- Vishal Kumar Singh be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193(3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station 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 him, 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 copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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The application stands disposed of.

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Order Date :- 11.7.2025 Manish Kr

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

Vishal Kumar Singh v. State of U.P. and Another

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