Neutral Citation No. - 2025:AHC-LKO:45117 Court No. - 27 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 852 of 2025 Applicant :- Surjeet Kumar @ Surjeet Km. Chaubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Praveen Tripathi,Sudha Pal Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant and Sri Piyush Kumar Singh, learned A.G.A. for the State. 2. The instant anticipatory bail application has been filed by the applicant with a prayer to grant him anticipatory bail in Case Crime No. 14 of 2021 u/s 409 I.P.C., Police Station- Motiganj, District- Gonda. 3. Learned counsel for the applicant submits that the applicant was falsely implicated in the crime in question by moving an application u/s 156(3) Cr.P.C. The F.I.R. of the case in question was lodged u/s 419, 420, 467, 468, 471 I.P.C. at Police Station- Motiganj, District- Gonda. In pursuance of the said F.I.R., the applicant applied for anticipatory bail that was registered as Crl. Misc. Anticipatory Bail Application u/s 483 Cr.P.C. No. 14113 of 2021, which was allowed on 25.04.2023 after hearing learned counsel for the parties. 4. The order dated 25.04.2023 passed by this Court in Crl. Misc. Anticipatory Bail Application u/s 483 Cr.P.C. No. 14113 of 2021 is as under:- "Heard Shri R.P. Mishra, learned counsel for the applicant, Rao Narendra Singh, learned A.G.A. for the State and Shri V.K. Tiwari, learned counsel for the informant/complainant. Mr. Dilip Kumar Singh, Inspector, Crime Branch/Investigating Officer of the case in question is present along with complete case diary. The present bail application has been filed on behalf of the applicant seeking anticipatory bail in F.I.R. No.014 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Motiganj, District Gonda. Learned counsel for the applicant submitted that the applicant has falsely been implicated in the present case. He further submitted that informant of the present case was the former village pradhan and due to political rivalry, he made complaint against the applicant on the basis of imaginary facts. He further submitted that on the complaint of the informant, inquiry was ordered by the District Magistrate, Gonda and said inquiry was conducted by District Supply Officer, Gonda on 05.03.2021 and submitted report, in which, applicant was exonerated and it was observed that all the work found satisfactory and simultaneous, another inquiry was ordered by the District Development Officer, Gonda, in which, Block Development Officer, Mujehana, District Gonda submitted inquiry report, dated 22.03.2021 and mentioned that all the work done by applicant was found satisfactory, which was duly observed and approved by Technical Advisor, namely, Rakesh Sharma as well as Radhye Shyam (Supervisor), thereafter, application under Section 156 (3) Cr.P.C. was moved by the opposite party No.2, on which, order was passed for lodging of the FIR and he also approach the Lokayukta, U.P. He further submitted that investigation was conducted by the Investigating Officer in the most sketchy manner without considering the inquiry report submitted by District Supply Officer to the District Magistrate as well as Block Development Officer, Gonda to Chief Development Officer, Gonda. He further submitted that applicant was also implicated in six other cases, which is explained in rejoinder affidavit. He further submitted that applicant cooperated in the investigation now charge-sheet has been filed and there is no possibility of tampering of any evidence. He also relied on the decision of the Hon'ble Supreme Court in the case of Sushila Aggarwal And Other Vs. State (NCT of Delhi) And Another reported in (2020) 5 SCC 1 and Siddarth vs. State of U.P. & Anr. reported in 2021 SCC OnLine SC 615. He further submitted that earlier anticipatory bail was granted to the applicant on 04.12.2021. In such circumstances, applicant is entitled for protection of this Court under the provisions of anticipatory bail. Learned A.G.A. as well as learned counsel for the informant opposed the prayer of the applicant and submitted that detailed investigation was conducted and involvement of applicant was found, but they do not dispute that the two reports were submitted, one by District Development Officer and another by Block Development Officer, Gonda. They also do not dispute the fact that earlier interim protection was granted to the applicant. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A., learned counsel for the informant and going through the contents of the application, counter affidavit, rejoinder affidavit, other relevant documents as well as earlier order passed by this Court dated 04.12.2021, it is undisputed that charge- sheet has already been filed and applicant cooperated in the investigation. It is also evident that applicant was on interim bail during the course of investigation and he never misused the liberty of the same. In such circumstances, the application stands disposed of in terms of order dated 04.12.2021. As the applicant has already furnished the personal bond and two sureties in pursuance of the order dated 04.12.2021, there is no need to furnish fresh bond and the earlier bond along with sureties shall be sufficient. The applicant -Surjeet Kumar Chaubey is granted anticipatory bail in F.I.R. No.014 of 2021, subject to the following conditions:- (1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail. (2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court. (3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail." 5. Learned counsel for the applicant further submits that the charge- sheet was submitted by the Investigating Officer by adding Section 409 I.P.C. Thereafter, the applicant preferred Crl. Misc. Anticipatory Bail Application U/s 483 Cr.P.C. No. 1762 of 2024 with a prayer that benefit of anticipatory bail, granted earlier, be also given to him in the added section i.e. Section 409 I.P.C. However, the said anticipatory bail application was dismissed on 03.10.2024 on the ground that without filing anticipatory application before the trial Court, the applicant directly approached to this Court and liberty was also given to file application before the appropriate Court. 6. The order dated 3.10.2024 passed in Crl. Misc. Anticipatory Bail Application U/s 483 Cr.P.C. No. 1762 of 2024 is as under:- "1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No.14 of 2021 under Section 409 I.P.C., Police Station Motiganj, District Gonda. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in Case Crime No.14 of 2021 under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Motiganj, District Gonda, thereafter, anticipatory bail application was filed before the court below but the same was rejected, then Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.14113 of 2021 was filed, which was allowed by this Court on 25.4.2023. He further submits that charge sheet was submitted by the Investigating Officer by adding Section 409 I.P.C., therefore, applicant is also entitled for anticipatory bail in the added section, i.e., Section 409 I.P.C. 4. Learned A.G.A. opposed the prayer of the applicant and submits that once the anticipatory bail application was granted by this Court in F.I.R. No.14 of 2021 lodged at P.S. Motiganj, District Gonda under Sections 419, 420, 467, 468, 471 I.P.C., then it is obligatory on the part of the applicant to file anticipatory bail application before the court below in added section. 5. Considering the submissions of learned counsel for the parties, going through the contents of the bail application, other relevant record, it is evident that nowhere, it is mentioned that when the police report was submitted by the Investigating Officer. In such circumstances, present anticipatory bail application is hereby dismissed with the liberty to file bail application under Section 438 Cr.P.C. before the court below. 6. In case, any anticipatory bail application is filed before the competent court in added section, same shall be decided in accordance with the law." 7. Learned counsel for the applicant next submits that the applicant applied for anticipatory bail in the added section before learned trial court, but the same was rejected. He also submits that the applicant is already on anticipatory bail in the crime in question and the request is made that benefit of anticipatory bail may also be extended for the added section i.e. Section 409 I.P.C. 8. Sri Piyush Kumar Singh, learned A.G.A. vehemently opposes the prayer for anticipatory bail, but he does not dispute the fact that in the crime in question, the applicant has already been enlarged on anticipatory bail by this Court vide order dated 25.04.2023 (supra) passed in Crl. Misc. Anticipatory Bail Application u/s 483 Cr.P.C. No. 14113 of 2021. He also does not dispute the fact that there is no evidence that the applicant misused the liberty of anticipatory bail granted in the case in question. 9. Considering the contents of the present anticipatory bail application as well as other relevant materials, it is evident that the applicant is already on anticipatory bail in the crime in question. Therefore, this Court is of the view that the applicant is also entitled for anticipatory bail for the added section i.e. Section 409 I.P.C. 10. Accordingly, the anticipatory bail application is allowed. 11. In case the applicant is taken into custody, he shall be released forthwith on anticipatory bail. It is clarified that the personal bond as well as sureties submitted earlier in pursuance of the order passed by this Court on 25.04.2023 in Crl. Misc. Anticipatory Bail Application u/s 483 Cr.P.C. No. 14113 of 2021 is also extended for the added Section 409 I.P.C. Order Date :- 4.8.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench