JITENDER SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
NABAIL/1620/2025 · 2025-11-03
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 176184 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176184 (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. - 1620 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in Case Crime no. 301 of 2025, Under section-316(2), 318(4), 338, 336(3), 340(2) BNS (Old Section-406, 420, 467, 468, 471 I.P.C.), Police Station-Mohammadpur Khala, District-Barabanki. Heard learned counsel for the applicants and learned A.G.A. for the State. In the prosecution case, it is alleged that the applicants have obtained a loan by forged and counterfeit documents and have not deposited the loan amount taken by them. Submission of learned counsel for the applicants is that during investigation, the investigating officer has found the allegations made in the FIR false. The report of the investigating officer is on record as Annexure No. 9 to the bail application. Co-accused persons have been granted interim protection by the Division Bench of this Court vide order dated 11.06.2025 passed in writ petition No. 4996 of 2025. Investigation is going on. The offences are triable by magistrate. The applicants undertake to cooperate in the trial. The dispute between the bank and the applicants is pending before the Lok Adalat. Learned counsel for the applicants further submits that the applicants are willing to cooperate with the investigation. Learned AGA has opposed the bail application. Versus Counsel for Applicant(s) : Vijay Prakash Srivastava, Alok Kumar Counsel for Opposite Party(s) : G.A. Jitender Singh And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
On due consideration to the order passed by the Division Bench of this Court in writ petition No. 4996 of 2025; the dispute being civil in nature; the absence of criminal antecedent of the applicants; the offence being triable by magistrate and the undertaking given on their behalf to cooperate in the trial, I am of the opinion that the applicants are entitled to be released on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to their cooperation in the investigation.
In view of the above, it is provided that in the event of arrest, the applicants Jitender Singh and Rajesh Kumar shall be released on anticipatory bail in the aforesaid Case Crime number on their 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 applicants shall report to the investigating officer within ten days from today. They shall cooperate in the investigation and they will not influence the witness. The accused-applicants will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicants shall not leave India without previous permission of the Court. The application is allowed. November 3, 2025 R.C.
NABAIL No. 1620 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench