Susheel Kumar Maurya v. State Of U.P. Thru. Prin. Secy. Home Lko. And Another

2. Heard learned counsel for the applicant and learned A.G.A. for the State.

3. The Co-ordinate Bench of this Court vide order dated 23.01.2025 while granting interim protection to the applicant has passed the following order:- "1.Heard Ms. Sangeeta Singh, learned counsel for the applicant and Sri Hari Shanker Maurya, learned Additional Government Advocate for the State.

2. Issue notice to opposite party No.2 returnable at an early date, for which, necessary steps be taken within a week.

3. Office to proceed accordingly.

4. This anticipatory bail application has been filed by the present applicant (Susheel Kumar Maurya) apprehending his arrest in Case Crime No.0517 of 2024, under Sections 61 (2), 111, 316 (5), 318 (4) 351 (3) and 352 of Bharatiya Nyaya Sanhita, 2023, Police Station-Tikait Nagar, District- Barabanki. 2 NABAIL No. 52 of 2025

5. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story so narrated in the First Information Report (in short F.I.R.).

6. Attention has been drawn towards the impugned F.I.R. wherein the allegation has been levelled against six named persons and some unknown persons. As per the allegation, one Company in the name of 'The Loni Urban Multi-State Credit & Thrift Co-operative Society' has been launched by the present applicant and other persons taking money with assurance that such money shall be re-paid with good interest but the amount has not been repaid. The present applicant was a Agent of the aforesaid Company which was duly registered under the Ministry of Agriculture, Government of India. The present applicant was engaged as Agent like other Agents and he deposited the money of some persons with the Company under the bonafide impression that the aforesaid Company shall repay the amount as per its assurance. The present applicant was not the beneficiary of the fund, rather, he was only interested for his salary. The present applicant got deposited some amount of his own sister, as the details thereof has been annexed with this application. So the present applicant has been falsely implicated.

7. Learned counsel for the applicant has stated that the investigation is going on. There is no prior criminal history of any kind whatsoever against the present applicant. He is having permanent address, therefore, there is no flight risk. He is ready to cooperate in the investigation, therefore, in the light of the dictum of Apex Court rendered in the case in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 the liberty of the present applicant may be protected.

8. Learned Additional Government Advocate has opposed the prayer for grant of anticipatory bail to the present applicant but he is unable to dispute the submissions made by the learned counsel for the applicant.

9. Matter requires consideration.

10. Let the counter affidavit be filed within a period of three weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.

11. List this case in the week commencing 24.02.2025 within top ten cases.

12. Till the next date of listing, in the event of arrest, the accused-applicant 3 NABAIL No. 52 of 2025 (Susheel Kumar Maurya) shall be released forthwith in the aforesaid case crime number on interim anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Arresting Authority/ court concerned on the following conditions:- (i) that the applicant shall appear before the Investigating Officer on

29.01.2024 at 11:00 a.m. sharp to cooperate in the investigation in the aforesaid case crime number and he shall further cooperate in the investigation till filing of the police report, failing which, the benefit of this interim protection may not be extended to the present applicant on the next date. (ii) 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 from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without prior permission of the court; (iv) that the applicant shall not pressurize/ intimidate the prosecution witnesses and shall not tamper with evidence during trial; (v) that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; (vi) that in default of any of the conditions mentioned above, the learned counsel for the State shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant."

4. Learned counsel for the applicant submits that allegation in the F.I.R. are baseless and applicant has been falsely implicated. The investigating officer has filed the charge sheet without collecting the cogent and tangible evidence. He submits that in compliance of the order dated 23.01.2025, applicant has filed the bail bonds and has been released on interim anticipatory bail by the learned trial court. Applicant undertakes to cooperate in the trial. Applicant has not misused the liberty of interim protection granted by this Court.

5. Learned A.G.A. has vehemently opposed the bail application. 4 NABAIL No. 52 of 2025

6. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has cooperated in the investigation and he shall cooperate in the trial, the interim protection granted by this Court vide order dated 23.01.2025 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

7. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.

8. In view of the aforesaid, the application is allowed. September 1, 2025 Saurabh Yadav/- (Karunesh Singh Pawar,J.) SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

2. Heard learned counsel for the applicant and learned A.G.A. for the State.

3. The Co-ordinate Bench of this Court vide order dated 23.01.2025 while granting interim protection to the applicant has passed the following order:- "1.Heard Ms. Sangeeta Singh, learned counsel for the applicant and Sri Hari Shanker Maurya, learned Additional Government Advocate for the State.

2. Issue notice to opposite party No.2 returnable at an early date, for which, necessary steps be taken within a week.

3. Office to proceed accordingly.

4. This anticipatory bail application has been filed by the present applicant (Susheel Kumar Maurya) apprehending his arrest in Case Crime No.0517 of 2024, under Sections 61 (2), 111, 316 (5), 318 (4) 351 (3) and 352 of Bharatiya Nyaya Sanhita, 2023, Police Station-Tikait Nagar, District- Barabanki. 2 NABAIL No. 52 of 2025

5. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story so narrated in the First Information Report (in short F.I.R.).

6. Attention has been drawn towards the impugned F.I.R. wherein the allegation has been levelled against six named persons and some unknown persons. As per the allegation, one Company in the name of 'The Loni Urban Multi-State Credit & Thrift Co-operative Society' has been launched by the present applicant and other persons taking money with assurance that such money shall be re-paid with good interest but the amount has not been repaid. The present applicant was a Agent of the aforesaid Company which was duly registered under the Ministry of Agriculture, Government of India. The present applicant was engaged as Agent like other Agents and he deposited the money of some persons with the Company under the bonafide impression that the aforesaid Company shall repay the amount as per its assurance. The present applicant was not the beneficiary of the fund, rather, he was only interested for his salary. The present applicant got deposited some amount of his own sister, as the details thereof has been annexed with this application. So the present applicant has been falsely implicated.

7. Learned counsel for the applicant has stated that the investigation is going on. There is no prior criminal history of any kind whatsoever against the present applicant. He is having permanent address, therefore, there is no flight risk. He is ready to cooperate in the investigation, therefore, in the light of the dictum of Apex Court rendered in the case in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 the liberty of the present applicant may be protected.

8. Learned Additional Government Advocate has opposed the prayer for grant of anticipatory bail to the present applicant but he is unable to dispute the submissions made by the learned counsel for the applicant.

9. Matter requires consideration.

10. Let the counter affidavit be filed within a period of three weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.

11. List this case in the week commencing 24.02.2025 within top ten cases.

12. Till the next date of listing, in the event of arrest, the accused-applicant 3 NABAIL No. 52 of 2025 (Susheel Kumar Maurya) shall be released forthwith in the aforesaid case crime number on interim anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Arresting Authority/ court concerned on the following conditions:- (i) that the applicant shall appear before the Investigating Officer on

29.01.2024 at 11:00 a.m. sharp to cooperate in the investigation in the aforesaid case crime number and he shall further cooperate in the investigation till filing of the police report, failing which, the benefit of this interim protection may not be extended to the present applicant on the next date. (ii) 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 from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without prior permission of the court; (iv) that the applicant shall not pressurize/ intimidate the prosecution witnesses and shall not tamper with evidence during trial; (v) that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; (vi) that in default of any of the conditions mentioned above, the learned counsel for the State shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant."

4. Learned counsel for the applicant submits that allegation in the F.I.R. are baseless and applicant has been falsely implicated. The investigating officer has filed the charge sheet without collecting the cogent and tangible evidence. He submits that in compliance of the order dated 23.01.2025, applicant has filed the bail bonds and has been released on interim anticipatory bail by the learned trial court. Applicant undertakes to cooperate in the trial. Applicant has not misused the liberty of interim protection granted by this Court.

5. Learned A.G.A. has vehemently opposed the bail application. 4 NABAIL No. 52 of 2025

6. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has cooperated in the investigation and he shall cooperate in the trial, the interim protection granted by this Court vide order dated 23.01.2025 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

7. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.

8. In view of the aforesaid, the application is allowed. September 1, 2025 Saurabh Yadav/- (Karunesh Singh Pawar,J.) SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench