Vikash Singh vs State of U.P. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8629 of 2025

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Vikash Singh

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.....Applicant(s)

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	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Nikhil Pandey, Nishant Mishra : G.A.

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Court No. - 73

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HON'BLE SAMEER JAIN, J.

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Sri Rajiv Dhar Dwivedi, learned AGA for the State apprised the Court that he has received the instructions, therefore, the instant anticipatory bail application may be finally disposed off.

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Heard Sri Nishant Mishra, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State.

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The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.369 of 2025, under Sections 318(4), 323, 366(3) BNS and Sections 122, 132 of Central Sales Act, 1956, Police Station Dadri, District Gautam Budh Nagar, with a prayer to enlarge him on anticipatory bail.

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Learned counsel for the applicant submits, applicant was not named in the FIR and during investigation without any cogent evidence he has been made accused in the present matter with the allegation that he was broker and he was also involved alongwith coaccused, Kaptan Singh in evasion of the GST. He next submits, except the bald and verbal allegation that applicant also involved in the present crime, there is no other cogent evidence against the

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NABAIL No. 8629 of 2025

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applicant on record.

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He further submits, as per allegation applicant provided a truck on which alleged articles were loaded with intention to evade GST. He further argued, however entire allegations are totally false but even if the allegations are admitted then also it cannot be said that the applicant involved in commission of alleged evasion of GST. He next submits, investigation of the case is pending and investigating officer is trying to arrest the applicant. He further submits that apart from the present case the applicant is not having any criminal history to his credit.

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Per contra, learned AGA however oppose the prayer but could not dispute the arguments advanced by the learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the records of the case.

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However, present matter relates to evasion of GST but it reflects applicant was not named in the FIR and during investigation he has been made accused and as per allegation he was broker and he provided the truck with intention to evade GST but considering the nature of allegation levelled against applicant and the fact that during investigation he has been made accused, in view of this Court, applicant may be enlarged on anticipatory bail specially considering the fact that apprehension of arrest raised by the applicant cannot be ruled out.

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Further, applicant is not having any previous criminal history to

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NABAIL No. 8629 of 2025

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his credit.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on anticipatory bail till the conclusion of the trial.

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Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed.

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In the event of arrest of the applicant- Vikash Singh involved in the aforesaid case crime number, shall be released on bail till the conclusion of the trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court concerned with the conditions:-

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i. that the applicant shall make himself available for interrogation by a police officer as and when required;

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ii. that 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 from disclosing such facts to the court or to any police officer or tamper with the evidence;

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iii. that the applicant shall not leave India without previous permission of the court;

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iv. that the applicant shall not tamper with the evidence during the trial;

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v. that the applicant shall not pressurize/ intimidate the prosecution witness;

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vi. that the applicant shall appear before the trial court on each date

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NABAIL No. 8629 of 2025

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fixed unless personal presence is exempted;

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In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicants.

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It is made clear that the observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

(Sameer Jain,J.)

October 29, 2025

Shahroz

Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad

Vikash Singh v. State of U.P. and Another

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Vikash Singh v. State of U.P. and Another

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