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2025 DAILYLAW 137570 (ALL)

ABHISHEK SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO. AND ANOTHER

NABAIL/392/2025 · 2025-05-02

Manish Mathur

body2025

Judgment text

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Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 392 of 2025 Applicant :- Abhishek Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Lakshmana Singh,Mahendra Bahadur 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 the State and perused the record. 2. In view of order being passed, notice to opposite party no.2 stands dispensed with. 3. As per contents of FIR, the applicant along with main accused Manoj Kumar Malviya is said to have embezzled public money. 4. This first bail application has been filed with regard to Case Crime No.97 of 2025, under Section 316 (5) BNS, P.S.- Gauriganj, District Amethi. 5. It is submitted by learned counsel for applicant that the applicant has been falsely implicated in the charges levelled against him. It is further submitted that fraudulent account was opened by the main accused Manoj Kumar Malviya in the name of applicant in which honorarium allegedly due to applicant was deposited but the applicant upon coming to know of the aforesaid fact, returned the said amount. 6. Learned A.G.A. has opposed the bail application with the submission that complicity of the applicant is clearly evident from the fact that excess pubic money was deposited in the account opened in the name of applicant and admittedly the said amount has been allegedly returned in cash. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, the aspect of applicability of Section 316 (5) BNS so far as it relates to the applicant would be subject matter of evidence. 8. In view of allegations levelled in the FIR and misuse of public money being involved, this Court does not find any good ground to grant indulgence. The applicant, however, is at liberty to file regular bail before the court concerned. 9. The application is disposed of in the aforesaid terms. Order Date :- 2.5.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench