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2025 DAILYLAW 173551 (ALL)

ARUN KUMAR SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NABAIL/1547/2025 · 2025-10-30

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1547 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in Crime No. 406/2025 U/S-318(4,319(2),338,336(3),340(2) BNS P.S.- Kotwali Sadar, District-Lakhimpur kheri. Heard learned counsel for the applicant and learned A.G.A. for the State. According to the prosecution case, it is alleged that the applicant, a retired Deputy Commandant General of Home Guards, had submitted medical bills amounting to Rs. 93,000/- for reimbursement, which upon inquiry were found to be forged. Submission of learned counsel for the applicant is that the FIR is nothing but a counterblast to the notice issued by his counsel under Section 80 CPC to the department, a copy of which has been filed as Annexure No. 6 to the application. It is further submitted that the applicant is a 70-year-old retired government servant suffering from cancer and undertakes to fully cooperate in the investigation. The alleged forged medical bills are yet to be verified by the investigating officer. Learned AGA has opposed the bail application. Considering the facts that the applicant is a 70-year-old retired State Government officer with no criminal antecedents and the alleged offences Versus Counsel for Applicant(s) : Pratul Gupta, Ayush Gupta Counsel for Opposite Party(s) : G.A. Arun Kumar Shukla .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) are triable by a Magistrate; and taking into account his undertaking to cooperate with the investigation, this Court is of the opinion that the applicant is entitled to be released on anticipatory bail in the light of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his cooperation in the investigation. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- The applicant shall report to the investigating officer within twenty days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. The application is allowed. October 30, 2025 R.C. NABAIL No. 1547 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench