VINOD KUMAR v. STATE OF U.P. THRU.PRIN. ADDL.CHIEF SECY. DEPTT. OF HOME AND ANOTHER
ABAIL/170/2023 · 2025-02-07
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119181 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119181 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8239 Court No. - 29 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 170 of 2023 Applicant :- Vinod Kumar Opposite Party :- State Of U.P. Thru.Prin. Addl.Chief Secy. Deptt. Of Home And Another Counsel for Applicant :- Meva Lal Yadav,Ram Karan Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Meva Lal Yadav, the learned counsel for the applicant as well as Sri Puneet Kumar Yadav, learned A.G.A. appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 302 of 2022, under Sections 3/7 Essential Commodities Act and 409 I.P.C., registered at Police Station Maharajganj, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.09.2022 against five persons, including the applicant by the District Manager, U.P. State Food and Essential Commodities Corporation Limited Maharajganj, District Raebareli alleging misappropriation of food grains from the go down situated at Maharajganj, District Raebareli. He further states that the applicant has been transferred to District- Moradabad by means of the order dated 28.07.2022, whereas the allegations relate to October, 2022. 4. The co-accused Pawan Chaturvedi @ Pawan Kishore Chaturvedi has already been granted anticipatory bail by means of the order dated 23.01.2024 passed by this Court in Criminal Misc Anticipatory Bail Application u/s 438 Cr.P.C. 109 of 2024. 4. In the affidavit filed in support of the anticipatory bail application it has been contended that the applicant is 59 years old person having no criminal history and he has been falsely implicated in the case. 5. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 6. Having considered the aforesaid facts and circumstances of
the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 7. In view of the above, the anticipatory bail application of the applicants is allowed.
In the event of arrest/ appearance of applicant-Vinod Kumar before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their 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 applicants shall make themselves 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.
Order Date :- 7.2.2025 Raj Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench