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2025 DAILYLAW 179359 (ALL)

UTTAM KUMAR SINGH RAJPOOT @ UTTAM SINGH RAJPUT v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS

NABAIL/584/2025 · 2025-11-03

Pankaj Bhatia

body2025

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. - 584 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant; learned AGA for the State and perused the records. 2. Present application has been filed seeking anticipatory bail apprehending arrest in FIR No.0295 of 2024, under Section 111, 318(4), 61(2), 351(2), 352 BNS, Police Station Badosarai, District Barabanki. 3. In terms of the order passed on 06.10.2025, Superintendent of Police, Barabanki is present before this Court. 4. Arguments were heard extensively. 5. This Court had granted the benefit of interim anticipatory bail to the applicant subject to the applicant cooperating with the trial. 6. Counter affidavit has been filed by the State today, which are taken on record, indicating that various cases have been filed against the applicant in which the applicant is not cooperating with the investigation. Versus Counsel for Applicant(s) : Shashank Shekhar Shukla, Amarendra Pratap Singh, Lalta Prasad Misra Counsel for Opposite Party(s) : G.A. Uttam Kumar Singh Rajpoot @ Uttam Singh Rajput .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others .....Opposite Party(s) 7. Per contra, learned counsel for the applicant argues that the applicant has been granted the benefit of anticipatory bail in similar cases in which the applicant is allegedly being falsely prosecuted and the said orders have been made absolute also. In the present case also, the allegations against the applicant are similar to the cases in which the applicant has been granted the benefit of anticipatory bail which have been subsequently made absolute. He, thus, argues that in the present case also, the applicant is ready and willing to cooperate and thus, the interim bail granted to the applicant may be extended till conclusion of investigation. 8. In the light of the rival contentions noticed above, it is relevant to note that in the counter affidavit, specific stand has been taken that in the district of Barabanki itself as many as 39 cases have been filed in which the applicant is an accused and at least in five cases, averments have been made that he is not cooperating with the investigation. 9. In addition to the said, an affidavit has been filed indicating that various amounts were credited to the account of wife of the applicant namely Maya Singh Rajpoot from the offending cooperative society i.e. LUCC; statement of the account of the wife of the accused has also been handed over across the bar to demonstrate that various amounts were deposited in her account. 10. These materials were highlighted by learned AGA to argue that in the case of such a nature where substantial amounts of money have been credited to the account of the wife of the applicant and the applicant was the mastermind, investigation is required to be done which has to be custodial interrogation. 11. As such, considering the averments made in the two counter affidavits, firstly that the applicant is not cooperating with the investigation and secondly that substantial amount of money was credited through banking channels in the account, clearly a case for extension of anticipatory bail is not made out. 12. Present anticipatory bail application is accordingly rejected. 13. The applicant would be at liberty to apply for regular bail, if so NABAIL No. 584 of 2025 2 advised, in accordance with law. November 3, 2025 nishant NABAIL No. 584 of 2025 3 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench