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2025 DAILYLAW 139025 (ALL)

JITENDRA KUMAR SONKER (GRAM VIKAS ADHIKARI) v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME CIVIL SECTT. LKO AND ANOTHER

NABAIL/431/2025 · 2025-05-08

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27016 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 431 of 2025 Applicant :- Jitendra Kumar Sonker (Gram Vikas Adhikari) Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Lko And Another Counsel for Applicant :- Lakshmana Singh,Rahul Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no. 1. 1A. In view of order being passed in this petition, notices to opposite party no.2 stand dispensed with. 2. First Anticipatory Bail Application has been filed with regard to Case Crime no.01 of 2025, under Section 316(5) BNS registered at Police Station Jamo, District Amethi. 3. As per contents of first information report, applicant alongwith eight other persons has been nominated on account of the fact that official records pertaining to MANREGA Scheme were found missing from official records for the financial years 2013-14 till 2023-24. 4. It has been submitted that applicant has been falsely implicated in charges levelled against him which would be evident from fact that there is no allegation levelled against him specifically with regard to having any role in the official records having gone missing. It is submitted that applicant is a government officer and would be adversely affected in case he is taken into custody. Applicant undertakes to cooperate in the investigation which still ongoing. 5. Learned Additional Government Advocate has opposed anticipatory bail but admits that investigation in the matter is still ongoing and applicant does not have any previous criminal history. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that general allegations have been levelled against all the accused pertaining to missing records of the Scheme as indicated hereinabove. Investigation in the matter is still ongoing which may subsequently reveal complicity or otherwise of applicant. Admittedly, applicant does not have any previous criminal history and is government servant. Thus, in view of law laid down by Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant interim anticipatory bail to applicant under Section 438 Cr.P.C./482 BNSS. 7. In view of above, it is provided that till filing of police report u/s 173(2) Cr.P.C./193 BNSS in the event of arrest, applicant Jitendra Kumar Sonker shall be released on interim anticipatory bail in aforesaid Case Crime number on his/her 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) That the accused-applicant shall make himself/herself available for interrogation by police authorities as and when required and will cooperate with the investigation; (ii) That the accused-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/her from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) That the accused-applicant shall not leave India without the previous permission of the Court. (iv) In case of default, it would be open for the investigating agency to move application for vacation of this order. 8. The application stands disposed of. Order Date :- 8.5.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench