State of U.P v. Party

3. Heard Sri Rakesh Kumar Tripathi, learned counsel for the applicant and Sri B.P. Singh, learned A.G.A. for the State and perused the record.

4. The present application has been moved seeking anticipatory bail in Case Crime No. 547 of 2019, under Sections 409, 420, 120B, 467, 468, 471, 323, 504, 506 IPC, Police Station Kotwali City, District Bijnor with the prayer that in the event of arrest, applicant may be released on bail.

5. It is contended by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case. He further submits that no offence is made out against the applicant as the applicant was the Director of the company till 2013 and thereafter he resigned from the company. It is submitted that chargesheet has not been submitted in the present case. It is further submitted that similarly placed co-accused Ajay Kumar Dubey and Smt Indu Dubey have 2 NABAIL No. 4324 of 2025 already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 2.5.2025 and 7.7.2025 passed in Criminal Misc. Anticipatory Bail Applications No. 482 BNSS No. 2725 of 2025 and 7357 of 2024 respectively and other co-accused persons, namely, Alok Tripathi, Amit Kumar Mishra, Vishambhar Nath Dubey and Durga Prasad Dubey have been granted regular bail by a co-ordinate Bench of this Court vide order dated

26.7.2023, 30.8.2024, 14.6.2024 and 23.10.2024 passed Criminal Misc. Bail Applications No. 26802 of 2023, 29181 of 2024, 18545 of 2024 and 47319 of 2023 respectively. It is also submitted that role of the applicant is not distinguishable from the role of the other co-accused persons who have been granted anticipatory and regular bail. It is further submitted that the applicant is having criminal history which has been explained in the supplementary affidavit. It was also submitted that applicant undertakes to co- operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

6. On the other hand, learned A.G.A. has opposed the application for anticipatory bail and has submitted that the investigation is still under progress and the applicant is not cooperating in the investigation.

7. I have considered the rival submissions made by learned counsel for the parties.

8. The applicant is said to the Director of the company till 2013 and thereafter he is said to have resigned from the company. Similarly placed co-accused Ajay Kumar Dubey and Smt Indu Dubey have already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 2.5.2025 and 7.7.2025 passed in Criminal Misc. Anticipatory Bail Applications No. 482 BNSS No. 2725 of 2025 and 7357 of 2024 respectively and other co-accused persons, namely, Alok Tripathi, Amit Kumar Mishra, Vishambhar 3 NABAIL No. 4324 of 2025 Nath Dubey and Durga Prasad Dubey have been granted regular bail by a co-ordinate Bench of this Court vide order dated

26.7.2023, 30.8.2024, 14.6.2024 and 23.10.2024 passed Criminal Misc. Bail Applications No. 26802 of 2023, 29181 of 2024, 18545 of 2024 and 47319 of 2023 respectively. The role of the applicant is not distinguishable from the role of the other co- accused who have been granted anticipatory and regular bail. The applicant is having criminal history which has been explained in the supplementary affidavit

9. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

10. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out.

11. The anticipatory bail application is allowed.

12. In the event of arrest of the applicant- Ajay Kumar Pandey involved in the aforesaid case crime, he shall be released on anticipatory bail on his 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 applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) The applicant shall not directly or indirectly make any 4 NABAIL No. 4324 of 2025 inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would cooperate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned.

13. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant herein. October 15, 2025 Abhishek (Jitendra Kumar Sinha,J.) ABHISHEK AGRAHARI High Court of Judicature at Allahabad

3. Heard Sri Rakesh Kumar Tripathi, learned counsel for the applicant and Sri B.P. Singh, learned A.G.A. for the State and perused the record.

4. The present application has been moved seeking anticipatory bail in Case Crime No. 547 of 2019, under Sections 409, 420, 120B, 467, 468, 471, 323, 504, 506 IPC, Police Station Kotwali City, District Bijnor with the prayer that in the event of arrest, applicant may be released on bail.

5. It is contended by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case. He further submits that no offence is made out against the applicant as the applicant was the Director of the company till 2013 and thereafter he resigned from the company. It is submitted that chargesheet has not been submitted in the present case. It is further submitted that similarly placed co-accused Ajay Kumar Dubey and Smt Indu Dubey have 2 NABAIL No. 4324 of 2025 already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 2.5.2025 and 7.7.2025 passed in Criminal Misc. Anticipatory Bail Applications No. 482 BNSS No. 2725 of 2025 and 7357 of 2024 respectively and other co-accused persons, namely, Alok Tripathi, Amit Kumar Mishra, Vishambhar Nath Dubey and Durga Prasad Dubey have been granted regular bail by a co-ordinate Bench of this Court vide order dated

26.7.2023, 30.8.2024, 14.6.2024 and 23.10.2024 passed Criminal Misc. Bail Applications No. 26802 of 2023, 29181 of 2024, 18545 of 2024 and 47319 of 2023 respectively. It is also submitted that role of the applicant is not distinguishable from the role of the other co-accused persons who have been granted anticipatory and regular bail. It is further submitted that the applicant is having criminal history which has been explained in the supplementary affidavit. It was also submitted that applicant undertakes to co- operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

6. On the other hand, learned A.G.A. has opposed the application for anticipatory bail and has submitted that the investigation is still under progress and the applicant is not cooperating in the investigation.

7. I have considered the rival submissions made by learned counsel for the parties.

8. The applicant is said to the Director of the company till 2013 and thereafter he is said to have resigned from the company. Similarly placed co-accused Ajay Kumar Dubey and Smt Indu Dubey have already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 2.5.2025 and 7.7.2025 passed in Criminal Misc. Anticipatory Bail Applications No. 482 BNSS No. 2725 of 2025 and 7357 of 2024 respectively and other co-accused persons, namely, Alok Tripathi, Amit Kumar Mishra, Vishambhar 3 NABAIL No. 4324 of 2025 Nath Dubey and Durga Prasad Dubey have been granted regular bail by a co-ordinate Bench of this Court vide order dated

26.7.2023, 30.8.2024, 14.6.2024 and 23.10.2024 passed Criminal Misc. Bail Applications No. 26802 of 2023, 29181 of 2024, 18545 of 2024 and 47319 of 2023 respectively. The role of the applicant is not distinguishable from the role of the other co- accused who have been granted anticipatory and regular bail. The applicant is having criminal history which has been explained in the supplementary affidavit

9. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

10. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out.

11. The anticipatory bail application is allowed.

12. In the event of arrest of the applicant- Ajay Kumar Pandey involved in the aforesaid case crime, he shall be released on anticipatory bail on his 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 applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) The applicant shall not directly or indirectly make any 4 NABAIL No. 4324 of 2025 inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would cooperate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned.

13. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant herein. October 15, 2025 Abhishek (Jitendra Kumar Sinha,J.) ABHISHEK AGRAHARI High Court of Judicature at Allahabad