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2025 DAILYLAW 167050 (ALL)

AJEET SINGH YADAV AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NABAIL/1389/2025 · 2025-09-25

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. - 1389 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Manoj Kumar Mishra, learned counsel for the applicants, Sri Ashok Kumar Srivastava, learned A.G.A. appearing on behalf of the State and perused the record. 2. The instant application has been filed by the applicants seeking anticipatory bail in F.I.R. bearing Case Crime No.490/2024, under Sections- 409, 420, 504, 506, 409 I.P.C., registered at Police Station- Dewa, District- Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.12.2024 with the averment that the complainant had made investment in companies of Time City Group but no return was paid on the investment. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicants are innocent, they have been falsely implicated in the present case. Involvement of applicants has been found in 11 other cases, in 7 out of 11 cases, they have been granted bail. 5. A co-accused- Pankaj Kumar Pathak has already been granted regular bail by means of an order dated 15.07.2025 passed by this Court in Criminal Misc. Bail Application No.1064/2025. Versus Counsel for Applicant(s) : Manoj Kumar Mishra, Ajay Kumar Verma, Piyush Tripathi, Shubham Kumar Verma Counsel for Opposite Party(s) : G.A. Ajeet Singh Yadav And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 6. The learned AGA has raised preliminary objection that the applicants have approached this Court directly without approaching the Sessions Court. 7. The learned counsel for the applicants have submitted that the anticipatory bail application of co-accused- Deep Chandra Shukla @ Deepchand Shukla was rejected by the Sessions Court, therefore, the applicants have directly approached this Court. 8. Rejection of the anticipatory bail of an accused person, against whom several allegations have been leveled, makes out a sufficient ground for another co-accused person to approach the High Court directly with the prayer of seeking anticipatory bail. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegation against the applicants is regarding non payment of money invested in a company; the complainant has not initiated any proceeding for recovery of returns; the applicants undertake to cooperate in the investigation, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicants. 10. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicants- Ajeet Singh Yadav and Hari S. Pandey @ Hari Shankar Pandey before the learned Trial Court in the aforesaid case crime, they shall be released on bail on furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of 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; NABAIL No. 1389 of 2025 2 (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 25, 2025 V. Sinha NABAIL No. 1389 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench