UTTAM KUMAR SINGH RAJPOOT @ UTTAM SINGH RAJPUT v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 2 OTHERS
NABAIL/794/2025 · 2025-11-03
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 179788 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 179788 (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. - 794 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.0495 of 2024, under Section 316(5), 318(4), 338, 336(3), 340(2), 111, 61(2), 351(3), 352 BNS, Police Station Dariyabad, District Barabanki. 3. Arguments were heard extensively. 4. This Court had granted the benefit of interim anticipatory bail to the applicant subject to the applicant cooperating with the trial. 5. Counter affidavits have been filed by the State today in Criminal Misc. Anticipatory Bail Application U/S No.482 BNSS Nos.584 & 589 of 2025 indicating that various cases have been filed against the applicant in which the applicant is not cooperating with the investigation. 6. 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 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)
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. 7. 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. 8.
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. 9. 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. 10. 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. 11. At this stage, learned counsel for the applicant also draws my attention to an observation made in the order dated 16.07.2025 wherein it was observed that the applicant was cooperating with the trial and thus, it is argued that the assertion that the applicant is not cooperating with the trial is not legally sustainable. 12. The said argument is also merits rejection as all the FIRs are similar in NABAIL No. 794 of 2025 2
nature and merely because the applicant has cooperated in one or two cases, his liability to cooperate in the investigation does not cease. 13. Present anticipatory bail application is accordingly rejected. 14. The applicant would be at liberty to apply for regular bail, if so advised, in accordance with law. November 3, 2025 nishant NABAIL No. 794 of 2025 3 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench