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2025 DAILYLAW 160948 (ALL)

ANIMESH SINGH @ ANIMESH PRATAP SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME

ABAIL/946/2025 · 2025-09-02

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 946 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Prashant Shukla , the learned counsel appearing on behalf of the applicant as well as Sri Prashant Tripathi, the 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.86 of 2024 under Sections 120-B, 406, 420, 467, 468, 471, 504, 506 I.P.C. registered at Police Station- Gomti Nagar, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.02.2024 against four named persons, including the applicant and unnamed Manager and employees of Chola Mandalam Finance Company, stating that co-accused Adnan had stated that he can get two commercial vehicles delivered to the complainant after getting the same financed by Chola Mandalam Company. The informant paid Rs.4,61,500/- to co- accused Adnan and thereafter a loan of Rs.8,00,000/- was sanctioned in the name of the informant's relative Kuldeep and Rs.3,60,000/- were deposited in cash but the vehicle was not delivered to the informant's relative alleging that Adnan has committed some bungling. The complainant has alleged that the applicant was also Versus Counsel for Applicant(s) : Prashant Shukla, Priya Pandey Counsel for Opposite Party(s) : G.A. Animesh Singh @ Animesh Pratap Singh .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home .....Opposite Party(s) involved in conspiracy of commission of offence 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. 5. A supplementary affidavit has been filed by the applicant disclosing his involvement in another case, in which he has been granted bail. 6. Co-accused persons, namely, Adnan Iqbal, Amit @ Amit Singh and Manoj @ Manoj Singh have been granted bail and copies of their bail orders have been annexed as Annexure no.3 to the bail application. 7. Learned A.G.A. has vehemently opposed the bail application and he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 08.04.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR does not contain allegation of commission of any specific act by the applicant, the allegations in the FIR are against co-accused Adnan, who has already been granted anticipatory bail and that the other co- accused persons have been granted anticipatory bail whereas the investigation stands concluded, I am of the view that the applicant is also entitled to be released on anticipatory bail. 9. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their 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 ABAIL No. 946 of 2025 2 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. September 2, 2025 -Amit K- ABAIL No. 946 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench