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2025 DAILYLAW 162930 (ALL)

KRISHNA BIHARI TRIVEDI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

ABAIL/983/2025 · 2025-09-09

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. - 983 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1.Supplementary affidavit filed by the learned counsel for the applicant is taken on record. 2. Heard Sri Arun Kumar Shukla, learned counsel for the applicant, Sri Abhya Kumar Singh, learned A.G.A. appearing on behalf of the State and perused the record. 3. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.0127 of 2022, under Sections 419, 420 I.P.C., registered at Police Station Kotwali, District Barabanki. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.02.2022 against the manager of Oriental Bank of Commerce, Satrikh Naka, Kotwali Nagar, Barabanki and an unnamed person, stating that a loan was taken from the bank on the basis of forged documents after mortgaging the informant's property. 5. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 6. A supplementary affidavit has been filed by the applicant annexing Versus Counsel for Applicant(s) : Arun Kumar Shukla Counsel for Opposite Party(s) : G.A. Krishna Bihari Trivedi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) therewith a copy of the statement of co-accused Vivek Bhushan Srivastava, the beneficiary of the loan amount, who stated that the applicant is the maternal uncle of one Sonu Mishra -Teacher in the school run by the brother of Vivek Bhushan Srivastava and he stated that the applicant had offered to get a loan on a property of the complainant. The applicant had introduced him to one Rajesh Yadav broker, who took him to the Bank and, thereafter, the loan was disbursed. 7. The learned A.G.A. has opposed the anticipatory bail application and he has submitted that the allegations have been established during investigation and a charge sheet against the applicant for commission of offences under Sections 419 and 420 I.P.C has been submitted on 02.06.2024. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact the applicant is not named in the F.I.R and the only allegation in the statement of co-accused Vivek Bhusan Srivastava is of introducing him to a broker; the alleged offences carry a maximum sentence of imprisonment up to three years and that the applicant has no criminal history whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 9. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Krishna Bihari Trivedi before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his 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 themselves 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; ABAIL No. 983 of 2025 2 (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 9, 2025 Preeti. ABAIL No. 983 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench