✦ High Court of India · 10 Sep 2025

Uttam Singh Rajput v. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And

Case Details High Court of India · 10 Sep 2025
Court
High Court of India
Decided
10 Sep 2025
Length
1,055 words

is pending since 28.05.2025 and no request for adjournment has been made. Shri Mayank Sinha, the learned AGA for the State is present.

2. Therefore, the Court proceeds to examine the records and pass appropriate orders.

3. On 03.06.2025, after hearing learned counsel for the applicant and learned A.G.A. for the State, this court had passed the following order: "1. Heard learned counsel for the applicant as well as the learned AGA for the State and perused the records. 2. The is an application seeking anticipatory bail of the applicant in Case Crime No. 0104 of 2024 under Sections 406, 420, 467, 468, 471, 504, 506 I.P.C. registered at Police Station- Fatehpur, District- Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.02.2025 against 5 named persons, including the applicant, and other unnamed employees, Managers, etc. of LUCC Company alleging that the LUCC has not paid returns on the investments made in it by various persons. 4. In the affidavit filed in support of the affidavit it has been stated that the applicant did not possess any position in the LUCC and he himself was an investor in the Company. Some fixed deposit certificates issued by LUCC have been annexed with the bail application in support of this contention. The list of Directors of the Company has been annexed with the anticipatory bail application, which does not include the name of the applicant. 5. In the affidavit filed in support of the anticipatory bail application it has been stated that the applicant is a 53 years old and he has falsely been implicated in the present case. It has been stated in the affidavit that apart from the cases 2 NABAIL No. 602 of 2025 filed by the investors of LUCC the applicant has no other criminal history. The co-accused Ram Naresh Verma has already been granted bail by means of an order dated 19.12.2024, passed by the Sessions Court. 6. The learned counsel for the applicant has submitted that the allegations in all the FIRs are substantially similar in nature. The applicant has been granted anticipatory bail by this court in Case Crime No.292 of 2024, lodged on similar allegations, by means of an order dated 15.05.2025, passed in Criminal Misc. Anticipatory Bail Application No.333 of 2025. 7. The State while opposing the anticipatory bail application stated that the applicant is the master mind and a very clever person who has not come forward on any document but as a matter of fact he is the most influential and instrumental person who has been playing the entire game with the assistance of the other accused persons, including his wife. 8. The learned counsel for the applicant has submitted that the allegations levelled in the FIR is of having made investments in a Co-operative Society and non-return of the same. He has further submitted that unless the applicant holds any position in the society or any amount has been entrusted to him or has been misappropriated by him or someone has been cheated by him, he cannot be held guilty of any such offences. 9. The matter requires detailed consideration. 10. Issue notice to the opposite party No.3, returnable at an early date. 11. Learned counsel for the applicant shall take necessary steps in this regard within a period of one week. 12. Let a counter affidavit be filed within a period of four weeks. 13. List this case in week commencing 07.07.2025. 14. Keeping in view the aforesaid submissions, I am of the view that the aforesaid facts are sufficient for making out a case for grant of interim anticipatory bail to the applicant. In the event of arrest/appearance of applicant- Uttam Kumar Singh Rajput @ Uttam Singh Rajput before the learned Trial Court in the aforesaid case crime, he/she shall be released on interim anticipatory bail on his/her furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i) that the applicant shall make him/herself 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 the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. "

4. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge- sheet.

5. The opposite party No.3 has filed a vakalatnama on 09.07.2025 but the learned counsel for the opposite party No.3 is not present to oppose the anticipatory bail application and the learned counsel for the oppsoite party No.3 has not filed any counter affidavit.

6. The learned A.G.A. as well as the learned counsel for the opposite party No.3 did not point out any violation of the conditions of interim 3 NABAIL No. 602 of 2025 anticipatory bail by the applicant. Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant.

7. In view of above, the interim order dated 03.06.2025 is made absolute and the anticipatory bail application is allowed. September 10, 2025 -Amit K- (Subhash Vidyarthi,J.) AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

is pending since 28.05.2025 and no request for adjournment has been made. Shri Mayank Sinha, the learned AGA for the State is present.

2. Therefore, the Court proceeds to examine the records and pass appropriate orders.

3. On 03.06.2025, after hearing learned counsel for the applicant and learned A.G.A. for the State, this court had passed the following order: "1. Heard learned counsel for the applicant as well as the learned AGA for the State and perused the records. 2. The is an application seeking anticipatory bail of the applicant in Case Crime No. 0104 of 2024 under Sections 406, 420, 467, 468, 471, 504, 506 I.P.C. registered at Police Station- Fatehpur, District- Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.02.2025 against 5 named persons, including the applicant, and other unnamed employees, Managers, etc. of LUCC Company alleging that the LUCC has not paid returns on the investments made in it by various persons. 4. In the affidavit filed in support of the affidavit it has been stated that the applicant did not possess any position in the LUCC and he himself was an investor in the Company. Some fixed deposit certificates issued by LUCC have been annexed with the bail application in support of this contention. The list of Directors of the Company has been annexed with the anticipatory bail application, which does not include the name of the applicant. 5. In the affidavit filed in support of the anticipatory bail application it has been stated that the applicant is a 53 years old and he has falsely been implicated in the present case. It has been stated in the affidavit that apart from the cases 2 NABAIL No. 602 of 2025 filed by the investors of LUCC the applicant has no other criminal history. The co-accused Ram Naresh Verma has already been granted bail by means of an order dated 19.12.2024, passed by the Sessions Court. 6. The learned counsel for the applicant has submitted that the allegations in all the FIRs are substantially similar in nature. The applicant has been granted anticipatory bail by this court in Case Crime No.292 of 2024, lodged on similar allegations, by means of an order dated 15.05.2025, passed in Criminal Misc. Anticipatory Bail Application No.333 of 2025. 7. The State while opposing the anticipatory bail application stated that the applicant is the master mind and a very clever person who has not come forward on any document but as a matter of fact he is the most influential and instrumental person who has been playing the entire game with the assistance of the other accused persons, including his wife. 8. The learned counsel for the applicant has submitted that the allegations levelled in the FIR is of having made investments in a Co-operative Society and non-return of the same. He has further submitted that unless the applicant holds any position in the society or any amount has been entrusted to him or has been misappropriated by him or someone has been cheated by him, he cannot be held guilty of any such offences. 9. The matter requires detailed consideration. 10. Issue notice to the opposite party No.3, returnable at an early date. 11. Learned counsel for the applicant shall take necessary steps in this regard within a period of one week. 12. Let a counter affidavit be filed within a period of four weeks. 13. List this case in week commencing 07.07.2025. 14. Keeping in view the aforesaid submissions, I am of the view that the aforesaid facts are sufficient for making out a case for grant of interim anticipatory bail to the applicant. In the event of arrest/appearance of applicant- Uttam Kumar Singh Rajput @ Uttam Singh Rajput before the learned Trial Court in the aforesaid case crime, he/she shall be released on interim anticipatory bail on his/her furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i) that the applicant shall make him/herself 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 the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. "

4. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge- sheet.

5. The opposite party No.3 has filed a vakalatnama on 09.07.2025 but the learned counsel for the opposite party No.3 is not present to oppose the anticipatory bail application and the learned counsel for the oppsoite party No.3 has not filed any counter affidavit.

6. The learned A.G.A. as well as the learned counsel for the opposite party No.3 did not point out any violation of the conditions of interim 3 NABAIL No. 602 of 2025 anticipatory bail by the applicant. Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant.

7. In view of above, the interim order dated 03.06.2025 is made absolute and the anticipatory bail application is allowed. September 10, 2025 -Amit K- (Subhash Vidyarthi,J.) AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

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