Allahabad High Court
Anoli Singh vs State Of U.P. And Another on 17 June, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:97033
Court No. - 67
Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4430 of 2025
Applicant :- Anoli Singh
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- J.B. Singh
Counsel for Opposite Party :- G.A.
Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri J.B. Singh, learned counsel for the applicant, Sri Vivek Chaturvedi, Advocate holding brief of Sri Nipun Singh, learned counsel for the opposite party no.2 and Sri Pankaj Kumar Rai, learned State Law Officer for the State.
2. The present application has been filed by the applicant seeking bail in anticipation of his arrest in Case Crime No. 352 of 2024, under Sections 420, 467, 468, 471, 506, 408, 120 IPC and Section 66 of Information Technology Act, Police Station- Sector 63 NOIDA, District- Gautambudh Nagar.
3. Contention of learned counsel for the applicant is that merely because the applicant is one of the Director of Company namely Dviti Solutions LLP, he has been falsely implicated in the present case though there is no specific allegation against him regarding involvement in any forged transaction. It is also submitted that though the interim anticipatory bail was granted to the applicant by the Sessions Court on 03.04.2025 but subsequently on statement of investigating officer that there is no material against the applicant, his anticipatory bail was rejected by the court below. He further submits that the applicant has no criminal history and co-accused Avi Chandra has also been granted anticipatory bail by co-ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application u/s 4465 of 2025 vide order dated 12.06.2025, therefore, the applicant is entitled to be released on anticipatory bail.
4. However, counsel for the opposite party no.2 and learned State Law Officer vehemently opposed the prayer for anticipatory bail and submitted that there is material that the company of the applicant namelyDviti Solutions LLP has received certain money though the same was meant to re-credit in the account of company of first informant, therefore, no case for anticipatory bail is made out against the applicants.
5. Considering the aforesaid submission and taking into account that the applicant is one of the Director of Dviti Solutions LLP and there is no specific allegation against the applicant regarding his involvement in fraudulent transaction and investigation of this case is still pending, therefore, the applicant is entitled to be released on anticipatory bail till submission of charge sheet under Section 193 BNSS and as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
6. In the event of arrest, the applicant Anoli Singh involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the investigating officer concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by a police officer 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;
(iv) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation.
(v) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of anticipatory bail.
8. With the aforesaid observations/directions, the application stands disposed of.
Order Date :- 17.6.2025
A.Kr.
