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2025 DAILYLAW 165575 (ALL)

SANTOSH KUMAR MAURYA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

NABAIL/1325/2025 · 2025-09-24

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1325 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Irfan Alam, the learned counsel for the applicants as well as Sri Satyendra Srivastava, the learned Additional Government Advocate appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicants seeking anticipatory bail in F.I.R. bearing Case Crime No.184 of 2025, under Sections 316(2), 318(4), 352, 351(3) B.N.S., registered at Police Station Kotwali Nagar, District Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.07.2025 stating that the complainant runs an establishment in the name of Deep Netralay. The applicant no.1 used to work for the past several years in Deep Medical Store. His father co-accused Patanjuram Maurya is working as a guard in the establishment. Deep Medical Store is situated inside Deep Netralay. The applicants committed embezzlement of money. On 06.04.2025 the complainant asked the applicants to render accounts whereupon the applicant no.1 ran away by taking away|Rs.7,40,000/- with him. When the complainant asked about his money the the brother of applicant no.1 threatened him. 4. In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicants are innocent, they have no criminal history and they have falsely been implicated in the present case. It has further stated that on 30.06.2025 the applicant no.1 and 3 had given an application to the Chairman/Secretary, District Legal Services Authority, Balrampur for payment of arrears of their salary by the complainant and therefore the complainant has lodged the F.I.R. as a counter blast action. 5. The learned A.G.A. has opposed the prayer for bail and he has submitted Versus Counsel for Applicant(s) : Irfan Alam, Saniya Ansari Counsel for Opposite Party(s) : G.A. Santosh Kumar Maurya And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another .....Opposite Party(s) that the investigation is still continuing and the applicants are not cooperating in the investigation. However, he could not point out as to whether any notice has been sent to any of the applicant. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident is alleged to have taken place on 04.06.2025; the applicant no.1 and 3 have filed an application before the Chairman/Secretary, District Legal Services Authority, Balrampur for payment of arrears of their salary by the complainant on 30.06.2025 and the alleged F.I.R. has been lodged on 30.07.2025 without any explanation for the delay coupled with the fact that the applicants have no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicants. 7. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicants-Santosh Kumar Maurya, Pradeep Maurya and Patanjuram Maurya before the learned Trial Court in the aforesaid case crime, they shall be released on 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 applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicants 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 applicants shall not leave India without the previous permission of the court' (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicants shall not pressurize/ intimidate the prosecution witness. September 24, 2025 Ram. NABAIL No. 1325 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench