VARUN KUMAR MISHRA @ VARUN MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
NABAIL/1844/2025 · 2025-12-03
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 175200 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175200 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1844 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant as well as learned A.G.A. for the respondent State. The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No. 088 of 2024, under Sections 419, 420, 467, 468, 471, 406, 504, 506 IPC corresponding Sections 319(2), 318(4), 338, 336(3), 340(2), 316(2), 352, 351(2)/(3) BNS, Police Station Ramganj, District Amethi. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.08.2024 against ten named persons, in furtherance of an application under Section 156(3) Cr.P.C., stating that the accused persons deceived numerous persons known to the complainant in the name of getting them employed in the Centre for Pollution Control. The F.I.R. alleges that Rs.48,93,000/- were transferred to the bank accounts of Dev Traders, Rohit Kumar and Indra Kumar Tiwari; Rs.22,00,000/- were taken by the accused persons from the complainant and his acquaintances in cash; and that Rahul Mishra and the present applicant took Rs.28,90,000/- through bank transfer and also took Rs.1,25,000/- in cash. The accused persons declined to refund the money upon being asked. In the affidavit filed in support of the anticipatory bail application, it Versus Counsel for Applicant(s) : Alok Pandey, Ankit Kumar Sonker Counsel for Opposite Party(s) : G.A. Varun Kumar Mishra @ Varun Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
has been stated that the applicant is an innocent person. He has explained the criminal history of two cases in paragraphd 21 and 22 to the bail application. The learned A.G.A has vehemently opposed the prayer for bail and submitted that the applicant and other accused persons were involved in duping numerous individuals and that the investigation is still ongoing. Having considered the aforesaid facts and circumstances of the case, and keeping in view the fact that although the F.I.R. alleges that the accused persons duped numerous persons, none of the alleged victims have come forward to make any allegation; that the informant has not disclosed the exact amount paid by him; and that the applicant has explained the criminal history of two cases, I am of the view that the aforesaid facts are sufficient to make out a case for granting anticipatory bail to the applicant.
In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/appearance of the applicant before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on furnishing a personal bond and two solvent sureties each in the like amount to the satisfaction of the S.H.O./Court concerned, on the following conditions and subject to any other conditions that may be imposed by the Trial Court:
(i) the applicant shall make himself available for interrogation by the police officer as and when required;
(ii) 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, nor shall he tamper with the evidence;
(iii) the applicant shall not leave India without the prior permission of the Court;
NABAIL No. 1844 of 2025 2
(iv) the applicant shall appear before the Trial Court on each date fixed, unless his personal presence is exempted; and
(v) the applicant shall not pressurize or intimidate the prosecution witnesses. December 3, 2025 Madhu D.R/P.S NABAIL No. 1844 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench