High Court
Case Details
Court No. - 82 Neutral Citation No. - 2025:AHC:130843 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6168 of 2025 Applicant :- Virpal Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- S.M.Faraz I. Kazmi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Vijay Kumar, learned AGA-I, for the State, apprised the Court that he has received the instructions, therefore, the instant anticipatory bail application may be finally disposed off. 2. Heard Sri Dilip Kumar, learned senior counsel assisted by Sri
Legal Reasoning
S.M.Faraz I. Kazmi, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I, for the State. 3. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No.209 of 2019, under Sections 218,420,467,468,471 and 120-B IPC, and Sections 13 (1)(a), 13(1) (b) and 13 (2) of Prevention of Corruption Act, Police Station Kasna, District Gautam Buddh Nagar during pendency of the trial. 4. Learned counsel for the applicant submits that applicant was OSD in Yamuna Expressway Industrial Development Authority and on the basis of false allegation of misappropriation of public fund he has been made accused in the present matter along with several others. 5. He further submits that during investigation applicant when challenged the FIR of the present case before this Court vide Criminal Misc.Writ Petition No.7895 of 2019 then Division Bench of this Court was pleased to stay the arrest of the applicant till submission of Police report under Section 173(2) Cr.P.C. and
Decision
pursuant to the order dated 13.10.2022 passed in the writ petition during investigation applicant has not been arrested but now charge sheet has been filed and cognizance has been taken and applicant is having apprehension that if he will appear before the court concerned then he will be sent to jail. 6. He further submits that there is no allegation that applicant did not cooperate with the investigation and as during investigation he was protected, therefore, there is no occasion to send him in jail in the present matter after submission of Police report under Section 173(2) Cr.P.C. He placed reliance on the judgment of the Apex Court in the case of Mahdoom Bava Vs. Central Bureau of Investigation 2023 SCC Online SC 299. 7. He further submits that even co-accused Ajit Paresh, who was Tehsildar and has also been made accused along with the applicant with similar allegation of misappropriation of public fund, has been released on anticipatory bail vide order dated 28.7.2025 passed in Criminal Misc.Anticipatory Bail Application No.5922 of 2025 and case of applicant is almost at par with him. 8. He further submits that even after submission of charge sheet there is no need of custodial interrogation of the applicant. 9. He further submits that however, apart from the present case, in one another case also applicant has been made accused with similar allegation but in that case he is on anticipatory bail and his bail order has been annexed as Annexure-18 to the affidavit filed in support of the instant anticipatory bail application. 10. He further submits that therefore, applicant should be enlarged on anticipatory bail during trial. 11. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 12. I have heard learned counsel for the parties and perused the record of the case. 13. However, as per allegation applicant, who was public servant, along with other accused misappropriated the public fund but it reflects that during investigation he was protected by order dated 13.10.2022 passed by Division Bench of this Court in Criminal Misc.Writ Petition No. 7895 of 2019 and there is no allegation that he did not cooperate with the investigation. 14. Further, now charge sheet has been filed and summons have been issued. Considering the general practice adopted by the court concerned now a days, apprehension of arrest/custody raised by applicant cannot be ruled out. 15. Further, along with the applicant number of other public servants were also made accused including co-accused Ajit Paresh, who was Tehsildsar and he has been released on anticipatory bail by this Court and the case of applicant is almost at par with him. 16. Further, the argument advanced by learned senior counsel appearing on behalf of the applicant that after submission of charge sheet, custodial interrogation of the applicant does not appear to be necessary cannot be brushed aside. 17. Further, however, apart from the present case applicant is also having criminal history of one another case of similar nature but it reflects that in that case he is on anticipatory bail. 18. Therefore, considering the facts and circumstances of the case discussed above and the observations made by the Apex Court in the case of Mahdoom Bava (supra), in my view, the applicant is entitled to be released on anticipatory bail till the conclusion of the trial. 19. Accordingly, without expressing any opinion on the merits of the case, the instant bail anticipatory application is allowed. 20. In the event of arrest of the applicant-Virpal Singh involved in the aforesaid case crime number, shall be released on bail till the conclusion of the trial case on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court concerned with the conditions:- (i) that 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 or tamper with the evidence. (ii) that the applicant shall not leave India without previous permission of the court; (iii) that the applicant shall not temper with the evidence during the trial; (iv) that the applicants shall not pressurize/intimidate the prosecution witness; (v) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; 21. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicants. 22. It is made clear that the observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 4.8.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad