High Court

"Heard Sri Krishna Dutt Awasthi, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. The present bail application has been filed on behalf of applicant Vijay Veer Singh under Section 482 of the BNSS, with a prayer to release him on anticipatory bail in Case Crime No. 142 of 2019, for offence punishable under Sections 420, 467, 468 of the Indian Penal Code, registered at Police Station- Sirauli, District- Bareilly, during pendency of the trial, after rejecting the anticipatory bail application of the applicant by Sessions Judge, Bareilly vide order dated 4.1.2025. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is not named in the first information report. During the course of investigation he has been implicated in the present case. As per first information report, the applicant took Kisan Credit Loan on the basis of forged and fabricated Khatauni. The first informant's bank has granted loan to the applicant on the basis of forged documents showing the applicant as sole owner of the land. It has also been submitted that co-accused, Sauraj Singh, Ajeet Singh, Satya Pal, Badam Singh, having similar role, have already been enlarged on interim bail by the Coordinate Benches of this Court vide orders dated 15.02.2022, 18.02.2022, 22.02.2022 in Criminal Misc. Anticipatory Bail Application Nos. 1032 of 2022, 1141 of 2022, 1106 of 2022 and 1248 of 2022 respectively. It is further submitted that as per the legal advice received from the first informant, bank has given loan to the applicant after completing all the formalities. It is further submitted that the applicant is no more required for custodial interrogation. The applicant has no criminal history and he has not undergone any imprisonment after conviction by any court of law in relation to any cognizable offence previously. It is further contended that the applicant is ready to participate in the investigation. It is further submitted that Anticipatory Bail Application of co-accused Pappu has been allowed by this Court in Criminal Misc. Anticipatory Bail Application No. 2063 of 2022 vide order dated 18.5.2022. Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant, but could not point out anything adverse against the applicant. It is settled position of law that the anticipatory bail being an extraordinary privilege should be granted only in exceptional cases. Parameters for grant of anticipatory bail in a serious offence are required to be satisfied, where the Court is prima facie of the view that the applicant has falsely roped in the crime and would not misuse his liberty. Considering the facts and circumstances of the case and the law laid down by the Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98, ground for grant of anticipatory bail is made out. Learned A.G.A. may file counter affidavit within two weeks. Rejoinder affidavit, if any, may be filed within one week thereafter. Put up this case as fresh on 18.3.2025 for final hearing. In case of arrest, the applicant, Vijay Veer Singh is directed to be enlarged on interim anticipatory bail in above case crime number, on his furnishing personal bond of Rs. 25,000/- and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by the police officer as and when required, if investigation is in progress; (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 such person from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave the country 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/Court concerned; (iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked ; (v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order. "

2. Counsel for the applicant submits that pursuant to the interim order dated 19.2.2025 the applicant had furnished bail bonds and had joined the investigation. Till date the investigation has not been completed. He further contends that the application may be disposed of at this stage.

3. Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.

4. No counter affidavit has been filed nor any adverse material has been produced by learned AGA against the applicant, which may warrant any modification in the order dated 19.2.2025. Therefore, no useful purpose would be served by keeping this application pending.

5. Accordingly, the order dated 19.2.2025 is hereby made absolute till filing of police report under Section 173(2) Cr.P.C. for the reasons as given in the said order on his furnishing a fresh 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 applicant shall make himself available for interrogation by a police office as and when required; (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 from disclosing such facts to the Court or to any police officer; (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.

6. 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.

7. 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 prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

8. 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.

9. The application stands disposed of. Order Date :- 2.4.2025 S.S.

"Heard Sri Krishna Dutt Awasthi, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. The present bail application has been filed on behalf of applicant Vijay Veer Singh under Section 482 of the BNSS, with a prayer to release him on anticipatory bail in Case Crime No. 142 of 2019, for offence punishable under Sections 420, 467, 468 of the Indian Penal Code, registered at Police Station- Sirauli, District- Bareilly, during pendency of the trial, after rejecting the anticipatory bail application of the applicant by Sessions Judge, Bareilly vide order dated 4.1.2025. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is not named in the first information report. During the course of investigation he has been implicated in the present case. As per first information report, the applicant took Kisan Credit Loan on the basis of forged and fabricated Khatauni. The first informant's bank has granted loan to the applicant on the basis of forged documents showing the applicant as sole owner of the land. It has also been submitted that co-accused, Sauraj Singh, Ajeet Singh, Satya Pal, Badam Singh, having similar role, have already been enlarged on interim bail by the Coordinate Benches of this Court vide orders dated 15.02.2022, 18.02.2022, 22.02.2022 in Criminal Misc. Anticipatory Bail Application Nos. 1032 of 2022, 1141 of 2022, 1106 of 2022 and 1248 of 2022 respectively. It is further submitted that as per the legal advice received from the first informant, bank has given loan to the applicant after completing all the formalities. It is further submitted that the applicant is no more required for custodial interrogation. The applicant has no criminal history and he has not undergone any imprisonment after conviction by any court of law in relation to any cognizable offence previously. It is further contended that the applicant is ready to participate in the investigation. It is further submitted that Anticipatory Bail Application of co-accused Pappu has been allowed by this Court in Criminal Misc. Anticipatory Bail Application No. 2063 of 2022 vide order dated 18.5.2022. Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant, but could not point out anything adverse against the applicant. It is settled position of law that the anticipatory bail being an extraordinary privilege should be granted only in exceptional cases. Parameters for grant of anticipatory bail in a serious offence are required to be satisfied, where the Court is prima facie of the view that the applicant has falsely roped in the crime and would not misuse his liberty. Considering the facts and circumstances of the case and the law laid down by the Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98, ground for grant of anticipatory bail is made out. Learned A.G.A. may file counter affidavit within two weeks. Rejoinder affidavit, if any, may be filed within one week thereafter. Put up this case as fresh on 18.3.2025 for final hearing. In case of arrest, the applicant, Vijay Veer Singh is directed to be enlarged on interim anticipatory bail in above case crime number, on his furnishing personal bond of Rs. 25,000/- and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by the police officer as and when required, if investigation is in progress; (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 such person from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave the country 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/Court concerned; (iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked ; (v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order. "

2. Counsel for the applicant submits that pursuant to the interim order dated 19.2.2025 the applicant had furnished bail bonds and had joined the investigation. Till date the investigation has not been completed. He further contends that the application may be disposed of at this stage.

3. Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.

4. No counter affidavit has been filed nor any adverse material has been produced by learned AGA against the applicant, which may warrant any modification in the order dated 19.2.2025. Therefore, no useful purpose would be served by keeping this application pending.

5. Accordingly, the order dated 19.2.2025 is hereby made absolute till filing of police report under Section 173(2) Cr.P.C. for the reasons as given in the said order on his furnishing a fresh 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 applicant shall make himself available for interrogation by a police office as and when required; (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 from disclosing such facts to the Court or to any police officer; (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.

6. 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.

7. 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 prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

8. 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.

9. The application stands disposed of. Order Date :- 2.4.2025 S.S.