Vinod Kumar vs State Of U.P.
2025 Latest Caselaw 7862 ALL

Citation : 2025 Latest Caselaw 7862 ALL
Judgement Date : 18 June, 2025

Allahabad High Court

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





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:97479
 
Court No. - 67
 

 
Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4455 of 2025
 

 
Applicant :- Vinod Kumar
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Raj Kumar Sharma,Sunil Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Arun Kumar Singh Deshwal,J.

1. Heard Sri Sunil Kumar, learned counsel for the applicant, Sri Pankaj Saxena, 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.57 of 2025, under Sections 420, 406, 504, 506 IPC, Police Station- Akbarpur, District- Kanpur Dehat.

3. Contention of learned counsel for the applicant is that the dispute between the parties is purely civil in nature as dispute of boundary wall is mentioned in the sale deed. It is further submitted that the land which was adjacent to road is already in possession of some other person regarding which a suit for injunction is pending between the wife of the applicant as well as encroacher before the civil court. He further submitted that the applicant has no criminal history.

4. Learned A.G.A. has opposed the prayer for anticipatory 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 Vinod Kumar 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;