Virendra Singh Pahalwan vs State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5715 of 2025

Virendra Singh Pahalwan	Versus		.....Applicant(s)
State Of U.P. And Another			.....Opposite Party(s)
Counsel for Applicant(s)	: Sangeeta Chaturvedi	Shukla,	Sushil Kumar
Counsel for Opposite Party(s)	: G.A.
Court No.- 72

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HON'BLE JITENDRA KUMAR SINHA, J.

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1. Heard Sri Sushil Kumar Chaturvedi, learned counsel for the applicant and Sri B.P. Maurya, learned A.G.A. for the State and perused the record.

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2. Present application has been moved seeking anticipatory bail in Case Crime No. 579 of 2024, under Sections 318(4), 338, 336(3), 340(2), 61(2) B.N.S., Police Station Vrindavan, District Mathrua with the prayer that in the event of arrest, applicant may be released on bail.

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3. It is contended by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the abovementioned case. He further submits that no offence is made out against the applicant. It is also submitted that the applicant has not been assigned the role of inducement by the first informant. It is further submitted that role of inducement has been assigned to co-accused Satveer Singh. It is also submitted that the applicant has been assigned the role of collecting Rs. 20,00,000/- in lieu of bounced cheque along with Ravi Kumar Yadav. It is also submitted that as per the FIR co-accused Satveer Singh is said to be the owner of the said property and an agreement was entered into between the co-accused Satveer Singh and the first informant and consideration of Rs. 4 crore was fixed and out of which Rs. 20,00,000/was taken as earnest money on different dates but said Satveer Singh has neither executed the sale deed nor returned the earnest money. It was also submitted that applicant undertakes to co-operate during trial and he

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NABAIL No. 5715 of 2025

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would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

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4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail and it has been submitted that the applicant is also said to have received the money.

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5. I have considered the rival submissions made by learned counsel for the parties.

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6. As per the allegation in the first information report, an agreement was entered into the between the first informant and the co-accused Satveer Singh for sale of immovable property for consideration of Rs. 4 crore and Rs. 20,00,000/- was taken by the first informant on different dates and subsequently a cheque of Rs. 20,00,000/- was issued by the first informant which got dishonoured and the co-accused Ravi Kumar and the applicant went to receive the amount in lieu of dishonour cheque. The applicant is not a party to the said agreement and the said agreement was not the registered one.

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7. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra , (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

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8. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out.

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9. The anticipatory bail application is allowed .

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NABAIL No. 5715 of 2025

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10. In the event of arrest of the applicant- Virendra Singh Pahalwan involved in the aforesaid case crime, he shall be released on anticipatory bail on his 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 not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted 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 him/her/them from disclosing such facts to the Court or to any police officer;

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(iii) The applicant would cooperate during trial and would not misuse the liberty of bail.

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(iv) The applicant shall not leave India without prior permission of the Court concerned.

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11. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant herein.

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(Jitendra Kumar Sinha,J.)

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December 1, 2025 Abhishek

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Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad

Virendra Singh Pahalwan v. State of U.P. and Another

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Virendra Singh Pahalwan v. State of U.P. and Another

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