JEET KUMAR @ FAUJI LAL v. STATE OF U.P.THRU.PRIN. SECY. HOME DEPT. LKO. AND ANOTHER
/1163/2023 · 2025-08-07
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131472 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131472 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46524 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1163 of 2023 Applicant :- Jeet Kumar @ Fauji Lal Opposite Party :- State Of U.P.Thru.Prin. Secy. Home Dept. Lko. And Another Counsel for Applicant :- Gaurav Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Gaurav Shukla, the learned counsel appearing on behalf of the applicant as well as Shri Rajesh Kumar Singh, the learned A.G.A.-I appearing on behalf of the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.64 of 2013, under Sections 420, 467, 468, 471, 477A, 120 I.P.C. and Section 13(1)(D) r/w Section 13(2) of Prevention of Corruption Act registered at Police Station- Kotwali, District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on25.02.2013, stating that in furtherance of order passed by this Court, a vigilance inquiry was conducted by the Vigilance Establishment in which it was found that illegalities had been committed in allotment of liquor shops. It is stated that in the F.I.R. that one of the shops had been allotted to the applicant also. 4. After investigation, the Investigating Officer has submitted a charge sheet against the applicant on 26.07.2018. 5. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent, having no criminal history and he has falsely been implicated in
the present case. 6. The State has opposed the prayer for bail by filing a counter affidavit annexing therewith a copy of the charge sheet dated
26.07.2018. 7. Having considered the aforesaid facts and circumstances of the case and taking in view of the fact that the shop was allotted in the year 2008; the F.I.R. was lodged in the year 2013; the investigation already stands concluded and the charge sheet has been submitted and the applicant was not arrested during investigation, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicants is allowed.
In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make himself/herself 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 the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness.
Order Date :- 7.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench