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2025 DAILYLAW 151744 (ALL)

JAINATH SAROJ v. STATE OF U.P. THRU. C.B.I. LKO. AND ANOTHER

BAIL/6653/2025 · 2025-08-27

Subhash Vidyarthi

Special Leave Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6653 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Sheikh Wali Uz Zaman, learned counsel for the applicant, Shri Anuuj Taandon, learned learned counsel for the CBI and Shri Anurag Srivastava, learned counsel for the complainant - bank. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. RC0062024A0026, under Sections 406, 409, 419, 420, 467, 468, 471, 120B, 34 of IPC and Section 66-C, Information Technology Act, registered at Police Station ACB, CBI, District Lucknow. 3. The aforesaid case has been instituted initially on the basis of an F.I.R. No.118 of 2024 lodged in P.S. Leelapur, District Pratapgarh on 28.03.2024 stating that the applicant, who was Branch Manager of the State Bank of India, had wrongly opened a loan account against fixed deposit and had transferred the amount in it. Subsequently, the C.B.I. lodged an F.I.R. No. RC0062024A0026 on 26.09.2024 against the applicant and two other employees of the bank regarding the aforesaid offence. 4. The applicant was initially granted interim anticipatory bail by means of an order dated 13.08.2024 passed by the Co-ordinate Bench of this Court in Anticipatory Bail Application No.1821 of 2024 but his anticipatory bail application was rejected by means of an order dated 17.09.2024 since the applicant is accused of committing a financial offence, custodial interrogation appears to be necessary. The applicant has challenged the aforesaid order by filing an SLP (Criminal) No.15343 of 2024 and initially, he was granted interim protection by means of an order dated 08.11.2024 but ultimately the SLP was dismissed by means of an order dated 24.04.2025 Versus Counsel for Applicant(s) : Sheikh Wali Uz Zaman Counsel for Opposite Party(s) : Anuuj Taandon, Anurag Srivastava Jainath Saroj .....Applicant(s) State Of U.P. Thru. C.B.I. Lko. And Another .....Opposite Party(s) whereby the petitioner-applicant was granted six weeks time to surrender and thereafter file an application seeking regular bail. In furtherance of the aforesaid order, the applicant has submitted himself to custody on 12.06.2025. 5. In the affidavit filed in support of the bail application, it has been stated that he has co-operated in the investigation and the applicant has appeared before the Crime Branch on 03.09.2024 and he had appeared before CBI on 10.03.2025. This fact has not been disputed in the counter affidavit filed by the CBI. 6. The learned counsel for the applicant has submitted that the applicant had surrendered to custody on 12.06.2025 as this Court had observed that custodial interrogation appears to be required but no custodial interrogation has been conducted since he has been in custody i.e. 12.06.2025. 7. In the affidavit filed in support of the bail application, it has also been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 8. The applicant's wife Smt. Bhawana Devi has been granted bail in the present case by means of order dated 06.08.2024 passed in Anticipatory Bail Application No.4 of 2024 and his father Dharmaji Saroj has been granted bail by means of an order dated 13.08.2024 passed in Bail Application No.8721 of 2024. 9. Learned counsel for the CBI has submitted that the investigation already stands concluded and a charge sheet is likely to be submitted very soon. 10. Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 11. Accordingly, this bail application stands allowed. 12. Let the applicant Jainath Saroj be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; BAIL No. 6653 of 2025 2 (iii) the applicant shall appear on each and every date fixed by the trial Court. August 27, 2025 S. Shivhare BAIL No. 6653 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench