Rohit Kumar Upadhyaya vs State Of U.P.
2025 Latest Caselaw 7861 ALL

Allahabad High Court

Rohit Kumar Upadhyaya vs State Of U.P. on 18 June, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:97497
 
Court No. - 67
 

 
Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4437 of 2025
 

 
Applicant :- Rohit Kumar Upadhyaya
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Anupama Tripathi,Rakesh Kumar Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Arun Kumar Singh Deshwal,J.
 

1. Heard Sri Rakesh Kumar Tripathi, learned counsel for the applicant, Sri Rakesh Kumar Mishra, learned AGA for the State and perused the record.

2. The present application has been filed by the applicant seeking bail in anticipation of his arrest in Case Crime No. 261 of 2021, under Sections 409, 420, 467, 468, 471, 120-B IPC, Police Station- Kotwali City, District- Bijnor.

3. Contention of learned counsel for the applicant is that the applicant has been falsely implicated in the instant case on the ground that he is one of the Director of the company namely Dpeers Allied Corporation Limited though specific allegation has been made against Durga Prasad Dubey, Managing Director, who has already been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.49171 of 2023 vide order dated 20.11.2023. He further contended that he has explained the criminal history of two cases. Therefore, the applicant may be released on anticipatory bail as investigation of the case is still pending.

4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not dispute the fact the co-accused Durga Prasad Dubey has been enlarged on bail.

5. Hence without expressing any opinion on the merits of the case and considering the nature of accusations, gravity of offence and antecedents of applicants, this Court is of the view that the applicant is entitled to get anticipatory bail till submission of police report under Section 193 BNSS 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 Rohit Kumar Upadhyay 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 :- 18.6.2025

A.Kr.