UDAY PRAKASH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
ABAIL/270/2025 · 2025-07-15
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124905 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124905 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:40406 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 270 of 2025 Applicant :- Uday Prakash And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sardar Alok Singh,K.K. Singh Counsel for Opposite Party :- G.A.,Ajit Ranjan,Pradeep Kumar Hon'ble Karunesh Singh Pawar,J. The present bail application has been filed by the applicants apprehending their arrest in Case Crime No.270/2022, under Sections 419, 420 I.P.C., P.S. Rampur Kalan, District Sitapur. Heard learned counsel for the applicants and learned A.G.A. for the State. It is alleged in the prosecution case that applicants have opened a branch of Life Long Multi State Agro Co-operative Society Limited and have fraudulently embezzled the amount of investors.
Learned counsel for the applicants submits that applicants have been falsely implicated in this case. In the prosecution case, it is not revealed as to how much amount has been usurped. The charge-sheet in the case has been filed. Applicants have explained the criminal history in paragraph Nos.22 and 23 of the bail application. Applicants have undertaken to co-operate in the trial. Learned A.G.A. has vehemently opposed the bail application, however, submits that charge-sheet in the matter has been filed. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicants have explained the criminal history, undertaking given by the applicants that they will cooperate in the trial, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. In view of the above, since, charge-sheet in the matter has been filed, the applicants-Uday Prakash and Malti Devi are directed
to surrender themselves before the trial court within ten days from today. In case of such surrender, the trial court shall enlarge the applicants on anticipatory bail on each of them furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned with the following conditions:- (i) The applicants 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 tamper with the evidence; (ii) The applicants shall not leave India without the previous permission of the court; (iii)The applicants shall not pressurize/ intimidate the prosecution witness; (iv)The applicants shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting bail to the applicants shall not in any way affect the trial Judge in forming their independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed.
Order Date :- 15.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench