SANJEEV KUMAR GUPTA AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY./PRIN. SECY. HOME LKO. AND ANOTHER
NABAIL/1874/2025 · 2025-12-03
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 186747 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 186747 (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. - 1874 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Sri Ram Nath Pandey, Advocate, has filed the Vakalatnama on behalf of opposite party No.2 which is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the records. The instant application has been filed seeking release of the applicant on anticipatory bail in Case Crime No.180 of 2024 under Sections 417, 420, 467, 468, 471, 120B, 506 IPC, Police Station-Dhanpatganj, District- Sultanpur. In the prosecution case, it is alleged that informant of the case is the Settler and Manager of Siddhi Veer Baba Educational and Sports Foundation. Allegedly, on 30.11.2023, the accused persons, by fraudulently using a forged resignation letter, removed the informant from the post of Founder Member/Manager of the trust, along with eight other persons, and got a supplementary trust deed registered on 15.01.2024. In January, 2025, for the purpose of banking work the informant had kept two bank-signed papers, which were allegedly used by the accused persons by submitting them as his resignation letter. The applicants are witnesses to the supplementary trust deed. The acts of the accused persons were allegedly committed for the purpose of usurping the trust property and the school. On the basis of the aforesaid allegations, the FIR was lodged against the applicants and the other accused persons. Versus Counsel for Applicant(s) : Wali Nawaz Khan Counsel for Opposite Party(s) : G.A. Sanjeev Kumar Gupta And Another .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Lko. And Another .....Opposite Party(s)
Submission of the learned counsel for the applicant is that applicants' liberty was protected by the Division Bench of this Court vide order contained in annexure No. 3 to the bail application. This order was passed on 01.10.2024 and remained in operation till 16.09.2025 when the writ petition was dismissed on account of filing of police report. The rejection order is also on record. He submits that after filing of charge sheet there remains no purpose in sending the applicant behind bars. The applicants undertake to co-operate in the trial. Learned A.G.A. and Sri Ram Nath Pandey, learned counsel for the complainant have opposed the anticipatory bail application.
Sri Ram Nath Pandey, learned counsel for the complainant submits that applicants are absconding for the last one year and because of this the trial is being delayed. A perusal of the record shows that arrest of the applicants was protected by the Division Bench of this Court vide order dated 01.10.2024 and this order remained in operation till 16.09.2025 when the petition was dismissed on account of filing of police report and after that applicants appear to have filed anticipatory bail application before the trial Court which was rejected and against this applicants have approached this Court through instant application, therefore, the contention of the learned counsel for the complainant that applicants are absconding and because of this trial is hampering is misconceived. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that applicants' liberty was protected by this Division Bench of this Court during investigation, charge sheet in the case has been filed, offence is triable by Magistrate, there is no criminal history against the applicants including the observations made in the judgment by the Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicants. In view of the above, it is provided that in the event of arrest, the applicants shall be released on anticipatory bail in the aforesaid Case Crime number on his 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:- NABAIL No. 1874 of 2025 2
The applicants shall report to the investigating officer within twenty 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. December 3, 2025 Vinay/- NABAIL No. 1874 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench