Neutral Citation No. - 2025:AHC-LKO:18839 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 233 of 2025 Applicant :- Padmkant Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. Counsel for Applicant :- Arun Kumar Tewari,Ashutosh Misra Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for the applicant, learned A.G.A. for State-opposite party No.1, Sri Amit Kumar Dwivedi, learned counsel appearing on behalf of opposite party No.2 and perused the record. 2. The instant first anticipatory bail application has been moved by the applicant- Padmkant, in Case Crime No.180 of 2021, under Section 135 of Electricity Act, 2003, Police Station- Anti Power Theft, District- Unnao, with the prayer to enlarge him on anticipatory bail, as he is apprehending arrest in the above- mentioned case. 3. As per contents of the F.I.R., the applicant allegedly utilised the previous electricity connection for drawing electricity at the time of construction whereas he was required to apply for a separate temporary connection which would have carried different higher tariffs than the one which was being utilised by the applicant. It is, therefore, indicated that the applicant was instrumental in stealing electricity. 4. Learned counsel for the applicant has submitted that he has been falsely implicated in the charges levelled against him. It is submitted that the applicant is an existing consumer of the opposite party No.2- Discom and is already paying electricity charges as per the metered electricity which he is utilising and, therefore, there is no case of any theft of electricity. 5. Learned A.G.A. for State as well as learned counsel for opposite party No.2 have opposed the bail application with the submission that the contents of F.I.R. clearly indicates theft of electricity since applicant did not apply for a separate temporary connection with higher tariff. It is, however, admitted that the assessment order has already been served upon the applicant and the issue can be compounded before the Executive Engineer concerned. It is also admitted that applicant does not have any previous criminal history. 6. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, subject to further evidence being collected during investigation, it appears that this dispute is with regard to theft of electricity upon some misconception in the mind of the applicant with regard to his being previous consumer of the Discom; assessment order admittedly has been served upon the applicant and the issue of charges payable by the applicant can very well be adjudicated upon by the Executive Engineer concerned in terms of the Electricity Act, 2003; the applicant does not have any previous criminal history. 7. Thus, having regard to the law laid down by Hon'ble the Supreme Court in Nathu Singh v. State of U.P. and Others, 2021(6) SCC 64, MANU/SC/0360/2021, protection from arrest for limited period of time i.e. till submission of police report under Section 173(2) Cr.P.C., may be granted in favour of the applicant. 8. In result, the anticipatory bail application moved by the applicant- Padmkant is finally disposed of with a direction that till the submission of police report under Section 173 (2) Cr.P.C., in the event of arrest of applicant in the above- mentioned case, he shall be released forthwith on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/ Investigating Officer subject to the following conditions:- (1) The applicant shall make himself available for interrogation or even for discovery of any fact by a police officer as and when required; (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 him from disclosing such facts to the Court or to any police officer; (3) The applicant shall not leave the country without the previous permission of the Court. 9. In case of default of any condition the investigating officer may approach this Court for cancellation/modification of this order. Order Date :- 3.4.2025/Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench