Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:85970 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1246 of 2025 Applicant :- Kanhaiya Lal Saraswat Opposite Party :- State of U.P. Counsel for Applicant :- Bhanu Pratap Singh,Raghuvansh Misra,Rateesh Singh,Sarvesh Kumar Dubey,Umesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Second supplementary affidavit filed by the counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the material available on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 337 of 2023, under Sections 420, 467, 468, 471, 120-B IPC, Police Station Civil Lines, District Rampur. 4. Counsel for the applicant contends that the applicant was not named in the first information report and has been falsely implicated in the instant case. At the relevant time, the applicant was the Finance and Account Officer (Secondary) at district Rampur. The applicant had no role in the appointment of the Assistant Teachers of recognized/aided institution. His role was limited to the disbursal of salary to the assistant teachers. The named co-accused Smt. Gyaneshwari Singh and Smt. Rafat Begum have been granted anticipatory bail till conclusion of trial by the co-ordinate Bench of this Court vide order dated 23.02.2024 passed in Criminal Misc. Anticipatory Bail Application No. 670 of 2024. At this stage, there is no credible evidence to link the applicant with the offence. The case of the applicant is on better footing than that of co-accused Smt. Gyaneshwari Singh and Smt. Rafat Begum. The applicant has no criminal antecedents. The investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail till conclusion of trial, he will not misuse the said liberty. 5. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6.
Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular the fact, that the applicant had no role in the appointment of the Assistant Teachers (Secondary Education) of recognized/aided institution, at this stage, there is no
substantive evidence to link the applicant with the offence, the named co-accused Smt. Gyaneshwari Singh and Smt. Rafat Begum have granted anticipatory bail till conclusion of trial by the co-ordinate Bench of this Court, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Kanhaiya Lal Saraswat involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court.
(vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C.
8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 21.5.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad