DHARMENDRA KUMAR @ DHARMENDRA KUMAR SHARMA v. STATE OF U.P. THRU. PRIN. SECY. (HOME) LKO. AND ANOTHER
ABAIL/359/2025 · 2025-04-03
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131702 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131702 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:18477 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 359 of 2025 Applicant :- Dharmendra Kumar @ Dharmendra Kumar Sharma Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Lko. And Another Counsel for Applicant :- Vinay Singh,Prince Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J.
1. Heard learned counsel for the applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1.
2. In view of order being passed notices to opposite party no.2 stands dispensed with.
3. First Anticipatory Bail Application has been filed with regard to Case Crime no.443 of 2017 under Sections 406, 420, 504, 506 I.P.C., Police Station Sidhauli, District Sitapur.
4. As per contents of first information report, applicant was an employee of the Firm of informant and was responsible for collection of amounts due to the Firm but did not remit the entire amounts which were collected.
5. Learned counsel for applicant submits that F.I.R. has been lodged only on account of fact that applicant demanded salary which has not been paid to him.
6. Learned Additional Government Advocate submits that charge sheet in the matter has already been filed in the year 2017 and anticipatory bail is therefore belated by seven years without any cogent explanation.
7. Considering the submissions advanced and upon perusal of material on record, it appears that all the Sections imputed against applicant have maximum punishment of up to seven years.
8. In view thereof and looking to the allegations levelled in the F.I.R., liberty is granted to applicant to apply for regular bail before court concerned which shall be considered in terms of decision of Hon'ble the Supreme Court in Satender Kumar Antil versus Central Bureau of Investigation and another reported in (2022) 10 SCC
51.
9. Anticipatory Bail Application is disposed of finally subject to the observations and directions made herein above. Order Date :- 3.4.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench