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2025 DAILYLAW 152515 (ALL)

AJAY KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 2 OTHERS

ABAIL/810/2025 · 2025-07-25

Karunesh Singh Pawar

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42775 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 810 of 2025 Applicant :- Ajay Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 2 Others Counsel for Applicant :- Pramod Kumar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present anticipatory bail application has been filed seeking anticipatory bail in case crime/F.I.R No. 589 of 2012, U/s 420, 467, 468, 471, 409, 120-B I.P.C and section 7/13 of Prevention of Corruption Act, at P.S. Kotwali Sadar (Kotwali Lalitpur) District Lalitpur. Heard learned counsel for the applicant and learned AGA for respondent no. 1 to 3. Perused the record. It appears that after the lodging of an FIR, the Investigating Officer submitted a final report. This final report was challenged by the complainant, Mahesh Prasad, the then Additional District Magistrate, through a protest petition. He personally appeared before the Special Judge and referred to a three-member committee report, which included an on-the-spot inquiry and depicted a prima facie commission of the offence. Considering the submission of the complainant as well as occurrence dated 12.04.2012 and the order dated 30.03.2012, the cognizance was taken by the learned court below. It cannot be said that the FIR was lodged by the District Administration merely to falsely implicate the applicant or tarnish his reputation. Prima facie commission of offence is found to have been committed which is punishable with life. Hence, no ground for anticipatory bail is made out, and the application is accordingly dismissed. Order Date :- 25.7.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench