High Court

Applicant :- Amit Kumar Chaudhary And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shri Kant Shukla Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

1. Counter affidavit, filed by learned AGA, is taken on record.

2. As per office report dated 6.8.2025 notice of the present application has been served on the opposite party no.2. However, no one appears on behalf of the said opposite party nor any counter affidavit has been filed.

3. The applicants were granted interim anticipatory bail vide order dated 4.7.2025 passed by this Court. The order is quoted herein below:- "1. Heard counsel for the applicants, Sri Shashank Shekhar Pandey, learned A.G.A. for the State- opposite party and perused the material placed on record.

2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 107 of 2024, under Sections 409, 120-B IPC, Police Station Trilokpur, District Siddharth Nagar.

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. At the relevant time, the applicant no.1 was the District Manager, PCF, Siddharth Nagar and applicant no.2 was the Assistant Accountant, PCF, Siddharth Nagar. The applicants have been suspended in contemplation of departmental inquiry. The applicants have not caused any loss to the federation. The named accused Siddharth Singh had been granted protection by this Court, till submission of police report, vide order dated 24.04.2025 passed in Criminal Misc. Writ Petition No. 6880 of 2025. At this stage, there is no credible evidence to link the applicants with the offence. Prior to the present case, the applicants do not have any criminal history. However, after lodging the present case, the applicants have been implicated in other cases, as mentioned in para 37 of the affidavit. It is next submitted that the investigation is going on and the applicants have apprehension of their arrest in the above mentioned case.

4. Matter requires consideration.

5. Issue notice to the informant-opposite party no.2 by registered post AD returnable at an early date.

6. Learned AGA and the opposite party no.2-informant may file their respective counter affidavits within three weeks. Rejoinder affidavit, if any, may be filed within one week thereafter.

7. Place this case in the additional cause list on 07.08.2025.

8. Till the next date of listing or till submission of Police report under section 173 (2) Cr.P.C., whichever is earlier, in the event of arrest, the applicants Amit Kumar Chaudhary and Uma Nand Upadhyay be released on interim anticipatory bail in the aforesaid case crime, 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 S.S.P./S.P. concerned.

9. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicants.

10. 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.

11. The applicants are directed to produce a certified 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. "

4. Counsel for the applicants submits that the applicants has not committed any criminal breach of trust. Further pursuant to the interim order dated 4.7.2025 the applicants had furnished bail bonds before the S.H.O. concerned and had again joined the investigation. The applicants have not violated or misused the liberty of interim bail. In case, the applicants are granted anticipatory bail till conclusion of trial, they will not misuse the said liberty.

5. Learned AGA for the State has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicants and the fact that the applicants were not named in the first information report; their names surfaced during the course of investigation; the applicants had joined the investigation; at this stage there is no substantive evidence to link the applicants with the offence; no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by the learned AGA; without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail.

7. In the event of arrest, the applicants- Amit Kumar chaudhary and Uma Nand Upadhyay, involved in Case Crime No. 107 of 2024, under Sections 409, 120-B IPC, Police Station Trilokpur, District Siddharth Nagar, be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 them from disclosing such facts to the court or to any police officer; (iii) The applicants shall not leave the country during the pendency of trial without prior permission from the concerned trial Court. (iv) The applicants shall surrender their passport, if any, to the concerned Court forthwith. Their passport will remain in custody of the concerned Court. (v) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.

8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

9. The application stands disposed of. Order Date :- 7.8.2025 S.S.

Applicant :- Amit Kumar Chaudhary And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shri Kant Shukla Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

1. Counter affidavit, filed by learned AGA, is taken on record.

2. As per office report dated 6.8.2025 notice of the present application has been served on the opposite party no.2. However, no one appears on behalf of the said opposite party nor any counter affidavit has been filed.

3. The applicants were granted interim anticipatory bail vide order dated 4.7.2025 passed by this Court. The order is quoted herein below:- "1. Heard counsel for the applicants, Sri Shashank Shekhar Pandey, learned A.G.A. for the State- opposite party and perused the material placed on record.

2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 107 of 2024, under Sections 409, 120-B IPC, Police Station Trilokpur, District Siddharth Nagar.

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. At the relevant time, the applicant no.1 was the District Manager, PCF, Siddharth Nagar and applicant no.2 was the Assistant Accountant, PCF, Siddharth Nagar. The applicants have been suspended in contemplation of departmental inquiry. The applicants have not caused any loss to the federation. The named accused Siddharth Singh had been granted protection by this Court, till submission of police report, vide order dated 24.04.2025 passed in Criminal Misc. Writ Petition No. 6880 of 2025. At this stage, there is no credible evidence to link the applicants with the offence. Prior to the present case, the applicants do not have any criminal history. However, after lodging the present case, the applicants have been implicated in other cases, as mentioned in para 37 of the affidavit. It is next submitted that the investigation is going on and the applicants have apprehension of their arrest in the above mentioned case.

4. Matter requires consideration.

5. Issue notice to the informant-opposite party no.2 by registered post AD returnable at an early date.

6. Learned AGA and the opposite party no.2-informant may file their respective counter affidavits within three weeks. Rejoinder affidavit, if any, may be filed within one week thereafter.

7. Place this case in the additional cause list on 07.08.2025.

8. Till the next date of listing or till submission of Police report under section 173 (2) Cr.P.C., whichever is earlier, in the event of arrest, the applicants Amit Kumar Chaudhary and Uma Nand Upadhyay be released on interim anticipatory bail in the aforesaid case crime, 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 S.S.P./S.P. concerned.

9. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicants.

10. 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.

11. The applicants are directed to produce a certified 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. "

4. Counsel for the applicants submits that the applicants has not committed any criminal breach of trust. Further pursuant to the interim order dated 4.7.2025 the applicants had furnished bail bonds before the S.H.O. concerned and had again joined the investigation. The applicants have not violated or misused the liberty of interim bail. In case, the applicants are granted anticipatory bail till conclusion of trial, they will not misuse the said liberty.

5. Learned AGA for the State has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicants and the fact that the applicants were not named in the first information report; their names surfaced during the course of investigation; the applicants had joined the investigation; at this stage there is no substantive evidence to link the applicants with the offence; no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by the learned AGA; without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail.

7. In the event of arrest, the applicants- Amit Kumar chaudhary and Uma Nand Upadhyay, involved in Case Crime No. 107 of 2024, under Sections 409, 120-B IPC, Police Station Trilokpur, District Siddharth Nagar, be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 them from disclosing such facts to the court or to any police officer; (iii) The applicants shall not leave the country during the pendency of trial without prior permission from the concerned trial Court. (iv) The applicants shall surrender their passport, if any, to the concerned Court forthwith. Their passport will remain in custody of the concerned Court. (v) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.

8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

9. The application stands disposed of. Order Date :- 7.8.2025 S.S.