High Court · 2025

Applicant :- Uma Nand Upadhyay 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. 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.

2. Despite time granted to learned AGA, no counter affidavit has been filed.

3. The applicant was granted interim anticipatory bail vide order dated 8.7.2025 passed by this Court. The order is quoted herein below:- "1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State- opposite party and perused the material placed on record.

2. This application has been filed seeking anticipatory bail in Case Crime No. 165 of 2024, under Sections 409, 120-B IPC, Police Station Bansi, District Siddharth Nagar.

3. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. At the relevant time, the applicant was the Accountant at PCF, Siddharth Nagar. Earlier, the applicant was not found involved in the alleged transaction and as such charge sheet was not submitted against him. Charge sheet was submitted against the named accused Achyutanand Mani Tripathi. Thereafter, on the basis of application dated 21.01.2025 submitted by the Investigating Officer, the court concerned directed for further investigation. The applicant has been suspended in contemplation of departmental inquiry. The applicant has not caused any loss to the federation. At this stage, there is no credible evidence to link the applicant with the offence. Prior the present case, the applicant does not have any criminal history. However, after lodging the present case, the applicant has been implicated in other cases, as mentioned in para 40 of the affidavit. It is next submitted that the investigation is going on and the applicant has apprehension of his 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. Opposite parties are granted three weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a 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 applicant 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 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 and if he has passport the same shall be deposited by him 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 applicant.

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 applicant is 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 applicant submits that the applicant has not committed any criminal breach of trust. The applicant had earlier also co-operated in the investigation. Further pursuant to the interim order dated 8.7.2025 the applicant had furnished bail bonds before the S.H.O. concerned and had again joined the investigation. The applicant has not violated or misused the liberty of interim bail. In case, the applicant is granted anticipatory bail till conclusion of trial, he 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 applicant and the fact that the applicant was not named in the first information report, the name of the applicant surfaced during the investigation; the applicant had joined the investigation; at this stage there is no substantive evidence to link the applicant 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 applicant is entitled to be enlarged on anticipatory bail.

7. In the event of arrest, the applicant- Uma Nand Upadhyay, involved in Case Crime No. 165 of 2024, under Sections 409, 120-B IPC, Police Station Bansi, 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 applicant 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 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 the country during the pendency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant 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. SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Applicant :- Uma Nand Upadhyay 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. 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.

2. Despite time granted to learned AGA, no counter affidavit has been filed.

3. The applicant was granted interim anticipatory bail vide order dated 8.7.2025 passed by this Court. The order is quoted herein below:- "1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State- opposite party and perused the material placed on record.

2. This application has been filed seeking anticipatory bail in Case Crime No. 165 of 2024, under Sections 409, 120-B IPC, Police Station Bansi, District Siddharth Nagar.

3. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. At the relevant time, the applicant was the Accountant at PCF, Siddharth Nagar. Earlier, the applicant was not found involved in the alleged transaction and as such charge sheet was not submitted against him. Charge sheet was submitted against the named accused Achyutanand Mani Tripathi. Thereafter, on the basis of application dated 21.01.2025 submitted by the Investigating Officer, the court concerned directed for further investigation. The applicant has been suspended in contemplation of departmental inquiry. The applicant has not caused any loss to the federation. At this stage, there is no credible evidence to link the applicant with the offence. Prior the present case, the applicant does not have any criminal history. However, after lodging the present case, the applicant has been implicated in other cases, as mentioned in para 40 of the affidavit. It is next submitted that the investigation is going on and the applicant has apprehension of his 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. Opposite parties are granted three weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a 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 applicant 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 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 and if he has passport the same shall be deposited by him 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 applicant.

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 applicant is 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 applicant submits that the applicant has not committed any criminal breach of trust. The applicant had earlier also co-operated in the investigation. Further pursuant to the interim order dated 8.7.2025 the applicant had furnished bail bonds before the S.H.O. concerned and had again joined the investigation. The applicant has not violated or misused the liberty of interim bail. In case, the applicant is granted anticipatory bail till conclusion of trial, he 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 applicant and the fact that the applicant was not named in the first information report, the name of the applicant surfaced during the investigation; the applicant had joined the investigation; at this stage there is no substantive evidence to link the applicant 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 applicant is entitled to be enlarged on anticipatory bail.

7. In the event of arrest, the applicant- Uma Nand Upadhyay, involved in Case Crime No. 165 of 2024, under Sections 409, 120-B IPC, Police Station Bansi, 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 applicant 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 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 the country during the pendency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant 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. SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad