Sudhanshu Shahi v. State Of U.P. Thru. Prin. Secy

Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. This Court while granting interim protection vide order dated 07.03.2025 has passed the following order:- "Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 0006 of 2022, under sections- 120B, 420, 413 and 414 of IPC P.S.- S.I.T. District - Lucknow. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that it is an admitted fact that Rs. 18,00,000/- was incredited in the account of the applicant, but it was not in the knowledge of applicant that the same was an amount which was alleged to be misappropriated by the other co-accused persons. He submits that the main accused namely, Arun Kumar Verma has given an affidavit dated 01.10.2022 which is appended at page 32 annexure no. 2 wherein, he has admitted that the amount which was transferred in the account of the applicant, has been taken back by him and Arun Kumar Verma has also stated in the affidavit that the nature of the amount which was incredited in the account of the applicant, 2 ABAIL No. 1510 of 2024 directly or indirectly, was not in the knowledge of the applicant. He added that bonafidely, the aforesaid was taken in the account of the applicant and thus, no mensrea is involved in this matter. He also added that the specific plea has been taken by the applicant in paragraph no. 11 of the bail application wherein, there is no denial of the same, in the counter affidavit filed by the State Counsel. Adding his arguments, he submits that the applicant has no previous criminal and he undertakes that he will always remain present before the Investigating Officer as and when required. He also submits that there is acute apprehension that the applicant will be arrested by the police thus, submission is that the the applicant may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is involved in committed offence, as such, he is not entitled to be released on anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Sudhanshu Shahi shall be released forthwith, in case of his arrest in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing 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. List/put up this matter in second week of April, 2025. In the meantime, the State may file counter affidavit. 3 ABAIL No. 1510 of 2024 The applicant is directed to appear before the Investigating Officer on 18.03.2025 at 02.00 P.M., failing which, the Investigation Officer shall inform this court while filing the Counter Affidavit that the applicant has cooperated in the investigation proceedings or not." Learned counsel for the applicant submits that in compliance of order extracted above, the applicant has filed bonds and he has been enlarged on anticipatory bail by the investigating officer. Learned counsel for the applicant further submits that the applicant has co-operated in the investigation and further undertakes to cooperate in the investigation and if occasion arises, he will cooperate in the trial. He has not misused the liberty granted by this Court. Learned A.G.A. has opposed the bail application, however, could not dispute the fact that the applicant has cooperated in the investigation. Upon due consideration of the submissions advanced and perusal of the record, and taking into account the facts that the applicant has cooperated in the investigation, has not misused the liberty granted to him, and has furnished an undertaking to cooperate in the investigation as well as, if occasion arises, in the trial, and further considering the dictum of the Hon’ble Apex Court in Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC Online SC 98, and without expressing any opinion on the merits of the case, I am of the considered opinion that the interim protection granted earlier vide order dated 10.09.2024 deserves to be, and is hereby, made absolute. The application is allowed accordingly. October 27, 2025 R.C. (Karunesh Singh Pawar,J.) RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. This Court while granting interim protection vide order dated 07.03.2025 has passed the following order:- "Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 0006 of 2022, under sections- 120B, 420, 413 and 414 of IPC P.S.- S.I.T. District - Lucknow. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that it is an admitted fact that Rs. 18,00,000/- was incredited in the account of the applicant, but it was not in the knowledge of applicant that the same was an amount which was alleged to be misappropriated by the other co-accused persons. He submits that the main accused namely, Arun Kumar Verma has given an affidavit dated 01.10.2022 which is appended at page 32 annexure no. 2 wherein, he has admitted that the amount which was transferred in the account of the applicant, has been taken back by him and Arun Kumar Verma has also stated in the affidavit that the nature of the amount which was incredited in the account of the applicant, 2 ABAIL No. 1510 of 2024 directly or indirectly, was not in the knowledge of the applicant. He added that bonafidely, the aforesaid was taken in the account of the applicant and thus, no mensrea is involved in this matter. He also added that the specific plea has been taken by the applicant in paragraph no. 11 of the bail application wherein, there is no denial of the same, in the counter affidavit filed by the State Counsel. Adding his arguments, he submits that the applicant has no previous criminal and he undertakes that he will always remain present before the Investigating Officer as and when required. He also submits that there is acute apprehension that the applicant will be arrested by the police thus, submission is that the the applicant may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is involved in committed offence, as such, he is not entitled to be released on anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Sudhanshu Shahi shall be released forthwith, in case of his arrest in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing 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. List/put up this matter in second week of April, 2025. In the meantime, the State may file counter affidavit. 3 ABAIL No. 1510 of 2024 The applicant is directed to appear before the Investigating Officer on 18.03.2025 at 02.00 P.M., failing which, the Investigation Officer shall inform this court while filing the Counter Affidavit that the applicant has cooperated in the investigation proceedings or not." Learned counsel for the applicant submits that in compliance of order extracted above, the applicant has filed bonds and he has been enlarged on anticipatory bail by the investigating officer. Learned counsel for the applicant further submits that the applicant has co-operated in the investigation and further undertakes to cooperate in the investigation and if occasion arises, he will cooperate in the trial. He has not misused the liberty granted by this Court. Learned A.G.A. has opposed the bail application, however, could not dispute the fact that the applicant has cooperated in the investigation. Upon due consideration of the submissions advanced and perusal of the record, and taking into account the facts that the applicant has cooperated in the investigation, has not misused the liberty granted to him, and has furnished an undertaking to cooperate in the investigation as well as, if occasion arises, in the trial, and further considering the dictum of the Hon’ble Apex Court in Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC Online SC 98, and without expressing any opinion on the merits of the case, I am of the considered opinion that the interim protection granted earlier vide order dated 10.09.2024 deserves to be, and is hereby, made absolute. The application is allowed accordingly. October 27, 2025 R.C. (Karunesh Singh Pawar,J.) RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench