State of U.P v. Party

anticipatory bail application may be finally disposed off.

2. Heard Sri Anurag Sharma, learned counsel for the applicant and Dr. S.B.Maurya, 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 bail him on anticipatory bail in FIR/Case Crime No.062 of 2015, under Sections 409,420 and 120-B IPC and Section 13(2) Prevention of Corruption Act, Police Station Sangramgarh, District Pratapgarh Nagar during pendency of the trial.

4. Learned counsel for the applicant submits that this is the second anticipatory bail application filed on behalf of the applicant and his first anticipatory bail application has been filed during investigation vide Criminal Miscl.Anticipatory Bail Application No. 1724 of 2025 and on his first anticipatory bail application Hon'ble Sanjay Kumar Singh,J. was pleased to release the applicant on anticipatory bail till the submission of police report dated 173(2) Cr.P.C. vide order dated 4.4.2025 and when after submission of charge sheet applicant filed instant anticipatory bail application then his Lordship Hon'ble Sanjay Kumar Singh,J. was pleased to release the matter and thereafter after the order of Hon'ble the Chief Justice, the instant anticipatory bail application has been placed today before this Bench. 2 NABAIL No. 7164 of 2025

5. He next submits that as far as merit of the present case is concerned, however, as per allegation applicant is the Project Accountant and he along with other accused persons misappropriated the public fund but entire allegations levelled against the applicant are totally false.

6. He further submits that FIR of the present case was lodged in the year 2015 and name of applicant has been disclosed first time in the year

7. He further submits that even during investigation vide order dated

4.4.2025 passed by Coordinate Bench of this Court applicant was on anticipatory bail and there is no allegation that he did not cooperate with the investigation.

8. He further submits that now charge sheet has been filed and, therefore, there is no need of custodial interrogation of the applicant.

9. He further submits that applicant is having apprehension, if he will appear before the court concerned then he will be sent to jail.

10. He further submits that however, apart from the present case applicant is having criminal history of 11 other cases but in all these cases applicant is on anticipatory bail and in all the cases the allegation against the applicant was of financial irregularities.

11. He further submits, considering the above facts, applicant may be enlarged on anticipatory bail.

12. 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.

13. I have heard learned counsel for the parties and perused the record of the case.

14. However, this is the second anticipatory bail application filed on behalf of the applicant and earlier during investigation applicant filed first anticipatory bail application before this Court and vide order dated 4.4.2025 Hon'ble Sanjay Kumar Singh, J. was pleased to enlarge him on 3 NABAIL No. 7164 of 2025 anticipatory bail till submission of police report under Section 173(2) Cr.P.C. but it reflects that as Hon'ble Sanjay Kumar Singh, has released the matter, therefore, the instant matter after the order of Hon'ble the Chief Justice has been placed before this Bench.

15. As far as merits of the present case is concerned, however, as per allegation applicant was Project Accountant and he along with other accused misappropriated the public fund but it reflects that FIR of the present case was lodged in the year 2013 and after eight years, i.e., in the year 2023 applicant has been made accused in the present matter.

16. Further, Coordinate Bench of this Court has enlarged the applicant on anticipatory bail till the submission of police report under Section 173(2) Cr.P.C. and there is no allegation that applicant during investigation did not cooperate with the investigation.

17. Further, charge sheet in the present matter has been filed and, therefore, there is no need of custodial interrogation of the applicant.

18. Further, apprehension of arrest raised by applicant cannot be ruled out at this stage.

19. Further, however, apart from the present case applicant is having criminal history of 11 cases but it reflects that in all the 11 cases with similar allegation of financial irregularities applicant has been made accused and in all the cases he is on anticipatory bail.

20. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on anticipatory bail till the conclusion of the trial.

21. Accordingly, without expressing any opinion on the merits of the case, the instant bail anticipatory application is allowed.

22. In the event of arrest of the applicant-Shri Pratap 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:- 4 NABAIL No. 7164 of 2025 (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;

23. 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.

24. 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. October 10, 2025 SKM (Sameer Jain,J.) SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

anticipatory bail application may be finally disposed off.

2. Heard Sri Anurag Sharma, learned counsel for the applicant and Dr. S.B.Maurya, 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 bail him on anticipatory bail in FIR/Case Crime No.062 of 2015, under Sections 409,420 and 120-B IPC and Section 13(2) Prevention of Corruption Act, Police Station Sangramgarh, District Pratapgarh Nagar during pendency of the trial.

4. Learned counsel for the applicant submits that this is the second anticipatory bail application filed on behalf of the applicant and his first anticipatory bail application has been filed during investigation vide Criminal Miscl.Anticipatory Bail Application No. 1724 of 2025 and on his first anticipatory bail application Hon'ble Sanjay Kumar Singh,J. was pleased to release the applicant on anticipatory bail till the submission of police report dated 173(2) Cr.P.C. vide order dated 4.4.2025 and when after submission of charge sheet applicant filed instant anticipatory bail application then his Lordship Hon'ble Sanjay Kumar Singh,J. was pleased to release the matter and thereafter after the order of Hon'ble the Chief Justice, the instant anticipatory bail application has been placed today before this Bench. 2 NABAIL No. 7164 of 2025

5. He next submits that as far as merit of the present case is concerned, however, as per allegation applicant is the Project Accountant and he along with other accused persons misappropriated the public fund but entire allegations levelled against the applicant are totally false.

6. He further submits that FIR of the present case was lodged in the year 2015 and name of applicant has been disclosed first time in the year

7. He further submits that even during investigation vide order dated

4.4.2025 passed by Coordinate Bench of this Court applicant was on anticipatory bail and there is no allegation that he did not cooperate with the investigation.

8. He further submits that now charge sheet has been filed and, therefore, there is no need of custodial interrogation of the applicant.

9. He further submits that applicant is having apprehension, if he will appear before the court concerned then he will be sent to jail.

10. He further submits that however, apart from the present case applicant is having criminal history of 11 other cases but in all these cases applicant is on anticipatory bail and in all the cases the allegation against the applicant was of financial irregularities.

11. He further submits, considering the above facts, applicant may be enlarged on anticipatory bail.

12. 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.

13. I have heard learned counsel for the parties and perused the record of the case.

14. However, this is the second anticipatory bail application filed on behalf of the applicant and earlier during investigation applicant filed first anticipatory bail application before this Court and vide order dated 4.4.2025 Hon'ble Sanjay Kumar Singh, J. was pleased to enlarge him on 3 NABAIL No. 7164 of 2025 anticipatory bail till submission of police report under Section 173(2) Cr.P.C. but it reflects that as Hon'ble Sanjay Kumar Singh, has released the matter, therefore, the instant matter after the order of Hon'ble the Chief Justice has been placed before this Bench.

15. As far as merits of the present case is concerned, however, as per allegation applicant was Project Accountant and he along with other accused misappropriated the public fund but it reflects that FIR of the present case was lodged in the year 2013 and after eight years, i.e., in the year 2023 applicant has been made accused in the present matter.

16. Further, Coordinate Bench of this Court has enlarged the applicant on anticipatory bail till the submission of police report under Section 173(2) Cr.P.C. and there is no allegation that applicant during investigation did not cooperate with the investigation.

17. Further, charge sheet in the present matter has been filed and, therefore, there is no need of custodial interrogation of the applicant.

18. Further, apprehension of arrest raised by applicant cannot be ruled out at this stage.

19. Further, however, apart from the present case applicant is having criminal history of 11 cases but it reflects that in all the 11 cases with similar allegation of financial irregularities applicant has been made accused and in all the cases he is on anticipatory bail.

20. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on anticipatory bail till the conclusion of the trial.

21. Accordingly, without expressing any opinion on the merits of the case, the instant bail anticipatory application is allowed.

22. In the event of arrest of the applicant-Shri Pratap 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:- 4 NABAIL No. 7164 of 2025 (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;

23. 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.

24. 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. October 10, 2025 SKM (Sameer Jain,J.) SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad