RAJEEV PANDEY v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NABAIL/346/2025 · 2025-04-22
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135356 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135356 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:22616 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 346 of 2025 Applicant :- Rajeev Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Neelam Verma,Atul Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. Heard learned counsel for applicant and learned A.G.A. for opposite party No.1-State. In view of order being passed notice to opposite party No.2 stands dispensed with. First anticipatory bail application has been filed with regard to case crime No. 694 of 2024, under Sections 340(2), 336(3), 338, 318(4) of BNS 2023, P.S. Sushant Golf City, District Lucknow. As per contents of first information report, the applicant was allegedly engaged on contract for the purposes of purchasing scrap material during construction of a government building. The allegation levelled is that the applicant while taking this scrap for the purposes of its weightage changed the same with another vehicle having the same registration number for the purposes of defrauding the authorities by claiming less scrap having been given to him. It has been submitted by learned counsel for applicant that he has been falsely implicated in the charges levelled against him which is evident from the fact that despite charge sheet having been filed, there is no evidence of being contract between the applicant and the government agency which is said to be constructing the government building. It is also submitted that applicant does not have any previous criminal history. Learned A.G.A. has opposed bail application with the submission that allegations levelled against the applicant clearly indicate imputation of sections against the applicant. It is submitted that charge sheet has also been filed in the matter. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that despite allegations levelled against the applicant of being contractor for construction of government building and charge sheet having been filed, there is no written
contract between the applicant and the government agency engaged in construction of government building. The aforesaid aspect will require consideration. The applicant does not have any previous criminal history.
Without expressing any opinion on the merits of the case, I am of the opinion that the that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. In view of the above, it is provided that in the event of arrest, the applicant- Rajeev Pandey shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (i) 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 tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. The application stands allowed.
Order Date :- 22.4.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench