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2025 DAILYLAW 130886 (ALL)

KEDARNATH SAINI @ KEDAR NATH v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND ANOTHER

ABAIL/352/2025 · 2025-04-02

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18170 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 352 of 2025 Applicant :- Kedarnath Saini @ Kedar Nath Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And Another Counsel for Applicant :- Dr. Pooja Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State. In view of order being passed, notice to opposite party no.2 stands dispensed with. 2. This first anticipatory bail application has been filed with regard to Case Crime No.381 of 2017 under Section 409 IPC, P.S. Maurawan, District Unnao. 3. As per contents of First Information Report lodged in the year 2016, allegations levelled are that applicant who was earlier employed in the department had absconded with official records and it was subsequently established during in inquiry that he was instrumental in embezzlement of wheat amounting to Rs. 1,48,800/-. Certain other electronic items were also reported missing. 4. Learned counsel for applicant submits that he has been falsely implicated in the charges levelled against him and that in fact he was not absconding but very much available in the department itself and had been transferred vide order dated 19.07.2016 to Raebareli and subsequently superannuated from service and is also in receipt of original pension. 5. Learned AGA has opposed the anticipatory bail application with the submission that not only the First Information Report but even the departmental inquiry clearly indicate the fact that applicant despite transfer order dated 19.07.2016 has subsequently been absconding from duty. It is submitted that named his non-bailable warrant has also been issued against him. 6. Considering submissions advanced by learned counsel for parties and perusal of material on record, the credentials and bona fides of applicant being in doubt at the stage, this Court does not find entitle to the anticipatory bail. He shall, however, have liberty to approach the Court concerned for regular bail which shall be considered and decided expeditiously in the light of Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825 in case the same is applicable. 7. In view of aforesaid, the application stands dismissed. Order Date :- 2.4.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench