SABHAJEET PRAJAPATI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
ABAIL/932/2025 · 2025-08-28
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160136 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160136 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 932 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Santosh Kumar Srivastava, learned counsel appearing on behalf of the applicant as well as Shri Satyendra Srivastava, learned A.G.A. appearing on behalf of the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.85 of 2018, under Sections 419, 420, 406, 506 I.P.C., registered at Police Station- Jalalpur, District- Ambedkar Nagar. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.05.2018 against 9 persons, including the applicant, stating that co- accused Mohd. Jilani had promised to get the informant employed in UAE subject to payment of Rs.1,10,000/-. The complainant told about it to several of his friends and relatives and all of them collectively paid Rs.10,88,500/- to co-accused Mohd. Jilani and as per his instructions, Rs.5,61,500/- were deposited in 9 different accounts including the account of the applicant. The victims were also sent fake visas and passports. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent, having no criminal history and he has been falsely been implicated in the present case. 5. The learned A.G.A. has opposed the prayer for anticipatory bail and he has submitted that the complicity of the applicant's involvement in commission of the offence has been established during the investigation, a charge sheet has been submitted and the trial court has taken cognizance of Versus Counsel for Applicant(s) : Santosh Kumar Srivastava Counsel for Opposite Party(s) : G.A., Abhishek Tiwari Sabhajeet Prajapati .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
the offence. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that as per the F.I.R., the applicant has not demanded any money from the informant or provided any document; that the applicant was not arrested during investigation which already stands concluded and that the applicant is having no previous criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 7. In view of the above, the anticipatory bail application of the applicant is allowed.
In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) that the 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. August 28, 2025 S. Shivhare ABAIL No. 932 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench