Rahul Garg Vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:109691

Court No. - 69

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4850 of 2025

Applicant :- Rahul Garg Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ankit Prakash Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Copy of CD 6 dated 22.04.2025 produced by learned A.G.A. is taken on record.

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Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State- opposite party nos. 1 to 3, and perused the material placed on record.

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This application has been filed seeking anticipatory bail in Case Crime No. 181 of 2025, under Sections 420, 406, 467, 468, 471, 120-B I.P.C., Police Station Kotwali, District Mathura.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is Manager of Muthoot Fincorp Limited at Mathura. The informant had taken gold loan from the said bank after pledging gold ornaments. On 14.11.2023 the loan for an amount of Rs.5,54,121/was sanctioned. The said ornaments were thereafter as per the policy of the bank was examined by the Government approved valuer and it was found that purity of gold was only 10%. Consequently, the applicant approached the informant, who issued two post dated cheques in favour of Muthoot Fincorp Ltd. The said cheques on presentation were dishonoured. Thereafter the applicant lodged a first information report against the informant on 06.09.2024 registered as Case Crime No. 609 of 2024, under Sections 406, 420, 467, 468, 471 I.P.C. at Police Station Kotwali, District Mathura. In counterblast to the said proceedings, the instant prosecution has been instituted against the applicant. Earlier the applicant was granted interim anticipatory bail by the Sessions Judge, Mathura. Thereafter vide order dated 28.05.2025 the application was rejected. Investigation is still pending. The applicant is cooperating with the investigation. The statement of the applicant has been recorded by the Investigating Officer on

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22.04.2025 as per CD 6. At this stage there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. 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. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Learned 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 applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that earlier the applicant lodged a first information report against the informant on 06.09.2024 registered as Case Crime No. 609 of 2024, under Sections 406, 420, 467, 468, 471 I.P.C. at Police Station Kotwali, District Mathura; thereafter the present first information report has been lodged; the applicant is cooperating with the investigation, his statement has been recorded by the Investigating Officer on 22.04.2025; and, 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- Rahul Garg be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., 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

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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 :- 10.7.2025 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Rahul Garg v. State of U.P. and 3 Others

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