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2025 DAILYLAW 113738 (ALL)

SANJAI KUMAR RAI v. STATE OF UP THROUGH ITS PRINCIPAL SECRETARYHOME AT LKO

ABAIL/143/2024 · 2025-08-05

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133342 Court No. - 82 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 143 of 2024 Applicant :- Sanjai Kumar Rai Opposite Party :- State Of Up Through Its Principal Secretaryhome At Lko Counsel for Applicant :- Narendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Rajesh Kumar Tripathi, learned Advocate holding brief of Sri Narendra Kumar Singh, learned counsel for the applicants and Sri Manoj Kumar Singh, learned brief holder for the State. 2. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 0016 of 2022, under Section 13(1)(b) r/w Section 13(2) Prevention of Corruption Act, Police Station Kasya, District Kushinagar, with a prayer to enlarge him on anticipatory bail. 3. Learned counsel for the applicant submitted that on the basis of false application, applicant has been made accused in the present matter. He further submitted that after considering entire facts of the case, co-ordinate Bench of this Court vide order dated 07.08.2024 released the applicant on interim anticipatory bail and there is no allegation that he misused the liberty granted to him by this Court. 4. He further submitted that applicant is not having any criminal history. 5. He further submitted that therefore, interim anticipatory bail granted to applicant may be confirmed. 6. Per contra, learned A.G.A. however, opposed the prayer and submitted that it is a case of disproportionate income but could not dispute the fact that on 07.08.2024 after considering entire facts in detail co-ordinate Bench of this Court has enlarged the applicant on interim anticipatory bail and there is no allegation that he misused the liberty granted to him by this Court. He further could not dispute the fact that applicant is not having any criminal history. 7. I have heard both the parties and perused the record of the case. 8. However, it is a case of disproportionate income but it reflects, with a very detailed and reasoned order, co-ordinate Bench of this Court enlarged the applicant on interim anticipatory bail vide dated 07.08.2024 and there is no allegation that he misused the liberty of interim anticipatory bail granted to him. 9. Further, applicant is not having any criminal history. 10. Therefore, considering the facts and circumstances of the case discussed above, interim anticipatory bail granted to the applicant by co-ordinate Bench of this Court vide order dated 07.08.2024 is hereby confirmed. Applicant shall remain on anticipatory bail till conclusion of trial on the same condition as imposed upon him by co-ordinate Bench of this Court vide order dated 07.08.2024. 11. Accordingly, instant anticipatory bail applications filed by applicant stands allowed. Order Date :- 6.8.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad