High Court · 2025

Rejoinder Affidavit filed by learned counsel for the applicant is taken on record. Case called out. None appears for the complainant. Learned Counsel for the applicant and learned A.G.A. for the respondent State are present. The applicant has moved the present application praying for grant of anticipatory bail in Case Crime No. 420 of 2021, under Sections 419, 420, 467, 468, 471, 201, 120-B and 504 I.P.C., Police Station Kotwali Rudauli, District Faizabad, (now Ayodhya). This Court while giving interim protection has passed the following order on

19.1.2024:- "1. Learned AGA informs that he has procured complete instructions in the matter including up-to-date case diary, and the investigation against the applicant is pending.

2. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

3. The present application has been moved by the accused-applicant- Prem Chandra Yadav in Case Crime No. 420 of 2021, under Sections 419, 420, 467, 468, 471, 201, 120-B and 504 I.P.C., Police Station Kotwali Rudauli, District Faizabad, (now Ayodhya) with the prayer to enlarge him on anticipatory bail as he is apprehending arrest in the above-mentioned case.

4. Learned counsel for the applicant while pressing the anticipatory bail application submits that the applicant has been falsely implicated in this case and he has not committed any offence as claimed by the prosecution.

5. It is further submitted that the applicant was not named in the FIR and during the course of the investigation, the story, which has been revealed, appears to be that the applicant at that point of time was the branch manager of finance company of Khairanpur branch when the impugned loan was sanctioned and disbursed. During the course of the investigation, the statement of the borrower was also recorded, wherein he categorically stated that he had received the loan and also he failed to pay the installments.

6. Highlighting the above facts, it is vehemently submitted that even if the allegations levelled against the applicant are taken on its face, no offence would emerge against the applicant. He was not at all associated with any conspiracy and had acted in good faith and the loan was in fact received by the borrower and it is also admitted by the borrower that the same was received with the help of one T.P. Singh to whom the borrower was introduced by the instant applicant.

7. It is also submitted that applicant is not having any criminal history. He undertakes that as the investigation is pending, he would cooperate in the investigation and would remain present before the investigating officer as and when his presence would be required and in case of submission of charge sheet he would also cooperate in the trial.

8. It is further submitted that applicant is a respectable citizen of the locality and is having no criminal history. The investigating officer without there being any cogent and reliable material/evidence is making all out efforts to apprehend/arrest the applicant and there is no apprehension that after being granted facility of anticipatory bail, applicant may flee from the course of law or may otherwise misuse the liberty. He undertakes that he is ready to cooperate in the investigation as well as in the trial as and when required and thus, protection from arrest be granted to him. It is also submitted that similarly situated co- accused Kaushal Kumar Singh has been extended the facility of anticipatory bail vide order dated 09.01.2024 passed by this Court in Criminal Misc. Anticipatory Bail Application U/s 438 CrPC No.3001 of 2023.

9. Learned A.G.A. on the other hand opposes the prayer for anticipatory bail of the applicant on the ground that having regard to the evidence and material available against the applicant, he is not entitled for any protection.

10. Having heard learned counsel for the parties and having perused the record, it is evident that the applicant was not named in the FIR. The statement of the borrower has been recorded, during the course of the investigation, wherein he admitted to have received the loan amount to the tune of Rs. 11,80,000/- and also further admitted to have failed to pay the installments and consequently, the vehicle/truck is shown to have been confiscated/seized. He is not having any criminal history.

11. Thus having regard to the reasons mentioned above and keeping in view the law laid down by Hon'ble Supreme Court in Siddharam Satlingappa Mhetre Vs State of Maharashtra and Ors., MANU/SC/1021/2010, Sushila Aggarwal and Ors. Vs. State (NCT of Delhi) and Ors., MANU/SC/0100/2020, Shri Gurbaksh Singh Sibbia and Ors. v. State of Punjab, MANU/SC/0215/1980 : 1980 (2) SCC 565, and Nathu Singh Vs. State of U.P. and Others:(2021) 6 SCC 64, and the fact that similarly situated co-accused Kaushal Kumar Singh has been extended the facility of anticipatory by this Court, in the considered opinion of this court, having regard to the material/evidence available against the applicant, the applicant may also be provided the protection from arrest for a limited period of time.

12. Thus the instant anticipatory bail application is finally disposed of in terms that till the submission of police report, if any, under Section 173(2) Cr.P.C. before the competent court in the event of arrest of the applicant-Prem Chandra Yadav, involved in aforesaid case crime number he shall be released on anticipatory bail on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned/Investigating Officer concerned with the following conditions:- (1) The applicant shall make himself available for interrogation or for discovery of any fact by a police officer/investigating officer as and when required and will cooperate in the investigation; (2) 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 them from disclosing such facts to the Court or to any police officer; and (3) The applicant shall not leave the India without the previous permission of the Court." Learned counsel for the applicant has submitted that in compliance of order extracted above, the applicant has filed bonds before the Investigating Officer and the applicant has cooperated in the investigation and not misused the liberty of interim anticipatory bail. It is submitted that the applicant undertakes to cooperate in the investigation/trial. Learned counsel for the applicant further submitted that the co-accused Virendra Bahadur Singh has been granted anticipatory bail vide order dated 18.4.2025 by coordinate Bench of this Court in Criminal Misc Anticipatory Bail Application U/S 438 Cr.P.C. No.2405 of 2024. Learned A.G.A. could not dispute the fact that the applicant has cooperated in the investigation and has not misused the liberty of interim anticipatory bail. He submits that the investigation is going on. Considering the interim protection granted vide order dated 19.1.2024 extracted above which has not been misused by the applicant, undertaking that the applicant shall cooperate in the investigation/trial, and without expressing any opinion on the merit of the case, I am of the opinion that the interim protection granted earlier is liable to be and is hereby made absolute. The application is allowed accordingly. Order Date :- 21.8.2025 Madhu D.R/P.S MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Rejoinder Affidavit filed by learned counsel for the applicant is taken on record. Case called out. None appears for the complainant. Learned Counsel for the applicant and learned A.G.A. for the respondent State are present. The applicant has moved the present application praying for grant of anticipatory bail in Case Crime No. 420 of 2021, under Sections 419, 420, 467, 468, 471, 201, 120-B and 504 I.P.C., Police Station Kotwali Rudauli, District Faizabad, (now Ayodhya). This Court while giving interim protection has passed the following order on

19.1.2024:- "1. Learned AGA informs that he has procured complete instructions in the matter including up-to-date case diary, and the investigation against the applicant is pending.

2. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

3. The present application has been moved by the accused-applicant- Prem Chandra Yadav in Case Crime No. 420 of 2021, under Sections 419, 420, 467, 468, 471, 201, 120-B and 504 I.P.C., Police Station Kotwali Rudauli, District Faizabad, (now Ayodhya) with the prayer to enlarge him on anticipatory bail as he is apprehending arrest in the above-mentioned case.

4. Learned counsel for the applicant while pressing the anticipatory bail application submits that the applicant has been falsely implicated in this case and he has not committed any offence as claimed by the prosecution.

5. It is further submitted that the applicant was not named in the FIR and during the course of the investigation, the story, which has been revealed, appears to be that the applicant at that point of time was the branch manager of finance company of Khairanpur branch when the impugned loan was sanctioned and disbursed. During the course of the investigation, the statement of the borrower was also recorded, wherein he categorically stated that he had received the loan and also he failed to pay the installments.

6. Highlighting the above facts, it is vehemently submitted that even if the allegations levelled against the applicant are taken on its face, no offence would emerge against the applicant. He was not at all associated with any conspiracy and had acted in good faith and the loan was in fact received by the borrower and it is also admitted by the borrower that the same was received with the help of one T.P. Singh to whom the borrower was introduced by the instant applicant.

7. It is also submitted that applicant is not having any criminal history. He undertakes that as the investigation is pending, he would cooperate in the investigation and would remain present before the investigating officer as and when his presence would be required and in case of submission of charge sheet he would also cooperate in the trial.

8. It is further submitted that applicant is a respectable citizen of the locality and is having no criminal history. The investigating officer without there being any cogent and reliable material/evidence is making all out efforts to apprehend/arrest the applicant and there is no apprehension that after being granted facility of anticipatory bail, applicant may flee from the course of law or may otherwise misuse the liberty. He undertakes that he is ready to cooperate in the investigation as well as in the trial as and when required and thus, protection from arrest be granted to him. It is also submitted that similarly situated co- accused Kaushal Kumar Singh has been extended the facility of anticipatory bail vide order dated 09.01.2024 passed by this Court in Criminal Misc. Anticipatory Bail Application U/s 438 CrPC No.3001 of 2023.

9. Learned A.G.A. on the other hand opposes the prayer for anticipatory bail of the applicant on the ground that having regard to the evidence and material available against the applicant, he is not entitled for any protection.

10. Having heard learned counsel for the parties and having perused the record, it is evident that the applicant was not named in the FIR. The statement of the borrower has been recorded, during the course of the investigation, wherein he admitted to have received the loan amount to the tune of Rs. 11,80,000/- and also further admitted to have failed to pay the installments and consequently, the vehicle/truck is shown to have been confiscated/seized. He is not having any criminal history.

11. Thus having regard to the reasons mentioned above and keeping in view the law laid down by Hon'ble Supreme Court in Siddharam Satlingappa Mhetre Vs State of Maharashtra and Ors., MANU/SC/1021/2010, Sushila Aggarwal and Ors. Vs. State (NCT of Delhi) and Ors., MANU/SC/0100/2020, Shri Gurbaksh Singh Sibbia and Ors. v. State of Punjab, MANU/SC/0215/1980 : 1980 (2) SCC 565, and Nathu Singh Vs. State of U.P. and Others:(2021) 6 SCC 64, and the fact that similarly situated co-accused Kaushal Kumar Singh has been extended the facility of anticipatory by this Court, in the considered opinion of this court, having regard to the material/evidence available against the applicant, the applicant may also be provided the protection from arrest for a limited period of time.

12. Thus the instant anticipatory bail application is finally disposed of in terms that till the submission of police report, if any, under Section 173(2) Cr.P.C. before the competent court in the event of arrest of the applicant-Prem Chandra Yadav, involved in aforesaid case crime number he shall be released on anticipatory bail on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned/Investigating Officer concerned with the following conditions:- (1) The applicant shall make himself available for interrogation or for discovery of any fact by a police officer/investigating officer as and when required and will cooperate in the investigation; (2) 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 them from disclosing such facts to the Court or to any police officer; and (3) The applicant shall not leave the India without the previous permission of the Court." Learned counsel for the applicant has submitted that in compliance of order extracted above, the applicant has filed bonds before the Investigating Officer and the applicant has cooperated in the investigation and not misused the liberty of interim anticipatory bail. It is submitted that the applicant undertakes to cooperate in the investigation/trial. Learned counsel for the applicant further submitted that the co-accused Virendra Bahadur Singh has been granted anticipatory bail vide order dated 18.4.2025 by coordinate Bench of this Court in Criminal Misc Anticipatory Bail Application U/S 438 Cr.P.C. No.2405 of 2024. Learned A.G.A. could not dispute the fact that the applicant has cooperated in the investigation and has not misused the liberty of interim anticipatory bail. He submits that the investigation is going on. Considering the interim protection granted vide order dated 19.1.2024 extracted above which has not been misused by the applicant, undertaking that the applicant shall cooperate in the investigation/trial, and without expressing any opinion on the merit of the case, I am of the opinion that the interim protection granted earlier is liable to be and is hereby made absolute. The application is allowed accordingly. Order Date :- 21.8.2025 Madhu D.R/P.S MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench