MITHLESH KUMAR @ MITHLESH PAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NABAIL/160/2025 · 2025-02-21
Subhash Chandra Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124918 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124918 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11212 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 160 of 2025 Applicant :- Mithlesh Kumar @ Mithlesh Pal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sangeeta Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record. This anticipatory bail application has been moved seeking anticipatory bail in Case Crime No. 0563 of 2024, under sections 316(5), 318(4), 336(3), 340(2), 352, 351(2), 61(2), 338 of B.N.S., 2023, Police Station Safdarganj, District Barabanki, during the pendency of trial. It is submitted by learned counsel for the applicant that in this case, he was innocent and has committed no offence. It is further submitted that he was an employee in The Loni Multi State Credit and Thrift Cooperative Society. The company was making transaction of depositing the money of higher interest and later on money was not given back to the depositors but the office holders of the company went away by closing it. It is further submitted that the applicant is neither owner nor manager of the company except an employee. No any money was either deposited or kept by him but it was kept by the company. He was also not beneficiary of the fund but was paid salary. He also deposited some amount in the company regarding which papers have been annexed in the application. Lastly, it is submitted that the applicant is under apprehension of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation. Learned A.G.A. opposed the prayer as aforesaid. On considering the facts and circumstances of the case,
submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record and without making any comment on the merits of the case, the applicant is entitled to
be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98. In the event of arrest of the applicant- Mithlesh Kumar @ Mithlesh Pal shall be released on anticipatory bail till the submission of police report under Section 193(3) of B.N.S., on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make him self available for interrogation by a police office as and when required; (ii) 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 from disclosing such facts to the Court or to any police office; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 21.2.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench