State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. vs Party(s)

1. Heard Sri Aditya Tiwari, the learned counsel for the applicant, Sri Rajesh Kumar Singh, learned A.G.A.-I appearing on behalf of the State and perused the records.

2. The applicant was granted interim anticipatory bail by means of the following order passed on 04.02.2025 by a Coordinate Bench of this Court: "Learned counsel appearing for the applicant submits that he may be permitted to implead the complainant as opposite party no. 2 in the array of opposite parties during the course of the day. Learned A.G.A. has no objection to the contention aforesaid. In view of the aforesaid submissions, learned counsel for the applicant is permitted to implead the same during the course of the day. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 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. 594 of 2024, under sections 409, 504, 506,34 of the IPC, Police Station-Auras, District-Unnao. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated. He added that the applicant was working as an agent with the finance company, which infact committed cheat and fraud and even thereafter, the applicant had returned back the amount of Rs. 8,79,180/- out of Rs. 9,00,000/- to the complainant and thus, the offences charged against the applicant, do not attract in the 2 NABAIL No. 107 of 2025 present matter. He next added that the applicant himself is victimized and he was never involved in committing any offence as he was neither the Director nor working in the administrative capacity of the company in question. He submits that the applicant is very well cooperating in the investigation proceedings and he will never flee away from the same and even then, the police is adamant to arrest the applicant and as such, submission is that the applicant may be enlarged on anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submits that there are serious allegations against the applicant and as such, he is not entitled for any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it a fit case for grant of interim anticipatory bail. Accordingly, till the next date of listing, the present applicant- Rajat Kumar Maurya, shall be released forthwith, in case of his arrest, in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing a personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (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 him 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 the previous permission of the court; (iv) that in case chargesheet is submitted, the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Let notice be issued to opposite party no. 2 returnable at an early date. Steps be taken within a week. If the steps are taken, the office shall proceed accordingly. 3 NABAIL No. 107 of 2025 List/put up this matter in the First Week of March,2025. In the meantime, learned counsel for the State as well as opposite party no. 2 shall file their counter affidavits. "

3. Thereafter, the State had filed a counter affidavit verified by the Circle Officer, Sadar, Barabanki, stating that the applicant was not cooperating with the investigation and raid (dabish) was conducted for arresting him but he was evading his arrest.

4. Upon the aforesaid counter affidavit being filed, this Court had passed the following order on 16.09.2025:- " 1. The applicant was granted interim anticipatory bail on 04.02.2025.

2. The State has filed a counter affidavit of Circle Officer, Sadar, Barabanki on 18.03.2025 and in para 3 of the affidavit it has been stated that the applicant is absconding, the police raided the places where there was a possibility of the applicant being found but he could not be found there and that the applicant is not co-operating in the investigation.

3. The aforesaid averment made by the Circle Officer in the counter affidavit that he had raided the places of the applicant, prima facie, appears to be an act committed in violation of the interim order dated 04.02.2025 passed by this Court granting interim anticipatory bail to the applicant.

4. The deponent of the counter affidavit Shri Saurabh Srivastava, Circle Officer, Sadar, Barabanki is directed to appear before this Court in person on 23.09.2025 and explain his conduct and also as to why proceedings for contempt be not instituted against him.

5. List this case on 23.09.2025.

6. The interim order, granted earlier, shall continue to remain in force till the next date of listing."

5. In compliance of the aforesaid order dated 16.09.2025, Sri Saurabh Srivastava, Circle Officer, Sadar, District Barabanki has appeared before this Court and he has filed his personal affidavit, stating that after this Court had passed an order dated 04.02.2025 granting interim anticipatory bail to the applicant, no police personnel has gone to arrest the applicant and no raid (dabish) has been conducted at the house of the applicant.

6. The averment that has been made in the counter affidavit, that raid (dabish) was conducted to arrest the applicant, was made incorrectly as per the comments given by the concerned Inspector- Devi Charan Gupta. The Circle Officer has expressed remarks for the aforesaid error and it has 4 NABAIL No. 107 of 2025 been stated in the counter affidavit that he has taken a serious view of the matter and will take suitable steps to ensure that such errors are not repeated in future.

7. The personal affidavit of the Circle Officer does not allege any misuse of the interim anticipatory bail by the applicant.

8.The Circle Officer has further informed the Court that the statement of the applicant has already been recorded and the investigation already stands concluded.

9. In these circumstances, this Court finds no good ground to take a view different from the one taken by a Coordinate Bench of this Court on 04.02.2025 granting interim anticipatory bail to the applicant.

10. In view of above, the interim order dated 04.02.2025 is made absolute and the anticipatory bail application is allowed in terms of the aforesaid order. September 23, 2025 Preeti (Subhash Vidyarthi,J.) PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri Aditya Tiwari, the learned counsel for the applicant, Sri Rajesh Kumar Singh, learned A.G.A.-I appearing on behalf of the State and perused the records.

2. The applicant was granted interim anticipatory bail by means of the following order passed on 04.02.2025 by a Coordinate Bench of this Court: "Learned counsel appearing for the applicant submits that he may be permitted to implead the complainant as opposite party no. 2 in the array of opposite parties during the course of the day. Learned A.G.A. has no objection to the contention aforesaid. In view of the aforesaid submissions, learned counsel for the applicant is permitted to implead the same during the course of the day. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 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. 594 of 2024, under sections 409, 504, 506,34 of the IPC, Police Station-Auras, District-Unnao. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated. He added that the applicant was working as an agent with the finance company, which infact committed cheat and fraud and even thereafter, the applicant had returned back the amount of Rs. 8,79,180/- out of Rs. 9,00,000/- to the complainant and thus, the offences charged against the applicant, do not attract in the 2 NABAIL No. 107 of 2025 present matter. He next added that the applicant himself is victimized and he was never involved in committing any offence as he was neither the Director nor working in the administrative capacity of the company in question. He submits that the applicant is very well cooperating in the investigation proceedings and he will never flee away from the same and even then, the police is adamant to arrest the applicant and as such, submission is that the applicant may be enlarged on anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submits that there are serious allegations against the applicant and as such, he is not entitled for any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it a fit case for grant of interim anticipatory bail. Accordingly, till the next date of listing, the present applicant- Rajat Kumar Maurya, shall be released forthwith, in case of his arrest, in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing a personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (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 him 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 the previous permission of the court; (iv) that in case chargesheet is submitted, the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Let notice be issued to opposite party no. 2 returnable at an early date. Steps be taken within a week. If the steps are taken, the office shall proceed accordingly. 3 NABAIL No. 107 of 2025 List/put up this matter in the First Week of March,2025. In the meantime, learned counsel for the State as well as opposite party no. 2 shall file their counter affidavits. "

3. Thereafter, the State had filed a counter affidavit verified by the Circle Officer, Sadar, Barabanki, stating that the applicant was not cooperating with the investigation and raid (dabish) was conducted for arresting him but he was evading his arrest.

4. Upon the aforesaid counter affidavit being filed, this Court had passed the following order on 16.09.2025:- " 1. The applicant was granted interim anticipatory bail on 04.02.2025.

2. The State has filed a counter affidavit of Circle Officer, Sadar, Barabanki on 18.03.2025 and in para 3 of the affidavit it has been stated that the applicant is absconding, the police raided the places where there was a possibility of the applicant being found but he could not be found there and that the applicant is not co-operating in the investigation.

3. The aforesaid averment made by the Circle Officer in the counter affidavit that he had raided the places of the applicant, prima facie, appears to be an act committed in violation of the interim order dated 04.02.2025 passed by this Court granting interim anticipatory bail to the applicant.

4. The deponent of the counter affidavit Shri Saurabh Srivastava, Circle Officer, Sadar, Barabanki is directed to appear before this Court in person on 23.09.2025 and explain his conduct and also as to why proceedings for contempt be not instituted against him.

5. List this case on 23.09.2025.

6. The interim order, granted earlier, shall continue to remain in force till the next date of listing."

5. In compliance of the aforesaid order dated 16.09.2025, Sri Saurabh Srivastava, Circle Officer, Sadar, District Barabanki has appeared before this Court and he has filed his personal affidavit, stating that after this Court had passed an order dated 04.02.2025 granting interim anticipatory bail to the applicant, no police personnel has gone to arrest the applicant and no raid (dabish) has been conducted at the house of the applicant.

6. The averment that has been made in the counter affidavit, that raid (dabish) was conducted to arrest the applicant, was made incorrectly as per the comments given by the concerned Inspector- Devi Charan Gupta. The Circle Officer has expressed remarks for the aforesaid error and it has 4 NABAIL No. 107 of 2025 been stated in the counter affidavit that he has taken a serious view of the matter and will take suitable steps to ensure that such errors are not repeated in future.

7. The personal affidavit of the Circle Officer does not allege any misuse of the interim anticipatory bail by the applicant.

8.The Circle Officer has further informed the Court that the statement of the applicant has already been recorded and the investigation already stands concluded.

9. In these circumstances, this Court finds no good ground to take a view different from the one taken by a Coordinate Bench of this Court on 04.02.2025 granting interim anticipatory bail to the applicant.

10. In view of above, the interim order dated 04.02.2025 is made absolute and the anticipatory bail application is allowed in terms of the aforesaid order. September 23, 2025 Preeti (Subhash Vidyarthi,J.) PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench