AMIT KUMAR SINGHANIA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
ABAIL/258/2025 · 2025-07-09
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125239 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125239 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:39114 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 258 of 2025 Applicant :- Amit Kumar Singhania Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Atul Krishna,Arpit Verma,Praveen Kumar Yadav,Rishabh Chauhan Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. As per the office report, the notices to the complainant are served. However, none appears on behalf of the complainant. Heard learned counsel for the applicant and learned A.G.A. for the State. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No.33 of 2023, under sections 419, 420, 467, 468, 471, 406 and 120-B of IPC P.S.- S.I.T., District- Lucknow. The Co-ordinate Bench of this Court vide order dated 24.2.2025 has passed the following order:-
" 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in FIR/ Case Crime No. 33 of 2023, under sections 419, 420, 467, 468, 471, 406 and 120-B of IPC P.S.- S.I.T., District- Lucknow. 3. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the firm in question is registered under the name of applicant though admittedly he is looking after day to day functioning of the firm. He submits that the applicant has supplied all the materials as per the supply order and due to certain misconception the amount of Rs.17.51 crores are said to be embezzled though there is no ample evidence against the applicant. He also stated that the other co-accused persons have already been enlarged on anticipatory bail by Co-ordinate Bench of Hon'ble High Court at Allahabad. Further submitted that the applicant has no previous criminal history and he is cooperating in the investigation proceedings. He also submits that there is apprehension that the applicant will be arrested by the police thus, submission is that the the applicant may be granted anticipatory bail. 4.
On the other hand, learned counsel for the complainant has opposed the contentions aforesaid and submits that the applicant is involved in committing the aforesaid offence, as such, he is not entitled to be released on anticipatory bail. 5. Learned AGA appearing for the State has also supported the
contentions of the learned counsel for the complainant.
6. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Amit Kumar Singhania shall be released forthwith, in case of his arrest in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself 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 in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. Let notice be issued to opposite party no. 2, returnable at an early date. Steps be taken within a week. If steps are taken, office shall proceed accordingly. List/put up this matter in third week of March, 2025. In the meantime, the State as well as opposite party no. 2 may file their counter affidavits. "
Learned counsel for the applicant submits that the applicant has been released on interim anticipatory bail after filing of the personal bonds and two sureties before the investigating officer. He has duly cooperated in the investigation. He has not misused
the liberty of interim anticipatory bail granted by this Court. He has no previous criminal history. He undertakes to further cooperate in the investigation as well as in the trial and in case, he is enlarged on anticipatory bail, he shall not misuse the liberty of same. Learned A.G.A. opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Without expressing any opinion on the merits of the case and considering the nature of accusation and having no previous criminal antecedents, coupled with the undertaking given by the applicant that he will further cooperate in the investigation as well as in the trial, the interim protection granted by a coordinate bench of this Court vide order dated 24.02.2025 is made absolute. In view of the aforesaid, the anticipatory bail application is allowed.
Order Date :- 9.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench