Allahabad High Court
Netrapal Singh Yadav And Another vs State Of U.P. And Another on 10 April, 2025
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:52869 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2478 of 2025 Applicant :- Netrapal Singh Yadav And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girja Shanker Sen,Krishna Dutt Awasthi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicants, Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record.
2. The instant application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No. 143 of 2019, under Sections 420, 467, 468 of I.P.C., Police Station Sirauli, District Bareilly.
3. Counsel for the applicants submits that the applicants were not named in the first information report and have been falsely implicated in the present case. The name of the applicants surfaced during the course of investigation. The applicants have taken Kisan Credit Card (KCC) Loan from the Bank of Baroda, Hardaspur Branch. They are repaying the loan amount in installments. The applicants have no criminal antecedents. The investigation is still pending. Identically placed co-accused, Satya Pal, Rampal and Hardwari have been granted anticipatory bail by this Court vide orders dated 13.02.2025 and 04.03.2025 passed in Criminal Misc. Anticipatory Bail Application Nos. 287 of 2025 and 1580 of 2025 respectively. The applicants claim parity. It is next submitted that the applicants have apprehension of their arrest and in case the applicants are released on anticipatory bail, they will not misuse the said liberty.
4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.
5. Counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report.
6. Having regard to the submissions made by counsel for the applicants, considering the nature of accusations, antecedents of the applicants and the fact that the applicants were not named in the first information report, the fact that identically placed co-accused Satya Pal, Rampal and Hardwari have been granted anticipatory bail by this Court; at this stage, there is no substantive evidence against the applicants, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report.
7. In the event of arrest, the applicants- Netrapal Singh Yadav and Veerpal Singh be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173(2) of 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:-
(i) The applicants shall make themselves available for interrogation by a police officer as and when required;
(ii) The applicants 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;
(iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the Police Commissioner concerned.
8. 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 applicants.
9. 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 applicants.
10. The applicants are 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.
11. The application stands disposed of.
Order Date :- 10.4.2025 SKT/-