SHAFIQUE MOHAMMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
/1999/2025 · 2025-12-16
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 187743 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 187743 (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. - 1999 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.0001/2025 under sections 409, 420, 120-B I.P.C., 13(1)(a), 13(2) P.C. Act, P.S. Jhansi Sector (vigilance Act), district/Unit-U.P. Vigilance Act, Jhansi. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.It is alleged in the first information report that while the applicant was posted as Junior Engineer in Irrigation Department, Zone-II, district Lalitpur between the period 2007-08 and 2010-11, instead of carrying out plantation at the foothills of Bhaurat Dam, he has shown it to the site near Govind Sagar Dam and in connivance with his higher officer Bhupendra Sharma, has usurped public money to the tune of Rs.73,65,310/-. 4.Learned counsel for the applicant submits that the applicant is present 70 years old. He has no criminal history. The incident is of 2007. The plantation period is between 2007-08 and 2010-11. The first information report has been registered after a delay of fourteen years. The applicant has retired from service in the year 2015. He has retired without any imputation. The applicant has been falsely implicated.
Learned counsel for the applicant undertakes that the applicant shall Versus Counsel for Applicant(s) : Zia Ul Qayuim, Farman Rashid, Mohd Ashif Khan, Syed Mohd. Afzal Counsel for Opposite Party(s) : G.A. Shafique Mohammad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
cooperate in the investigation. 5.Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel but could not dispute the argument advanced by
learned counsel for the applicant. 6.Considering the above aspects of the matter, unexplained delay in lodging the first information report, the applicant is 70 years old, the applicant is sought to be prosecuted through the first information report lodged on 13th August, 2025 for an incident occurred during the period 2007-08 and 2010-11, the undertaking given on behalf of the applicant that he will cooperate in the investigation/trial, investigation is going on, and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 7.In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer. 8.The applicant shall cooperate in the investigation/trial and he will not influence the witnesses. In case of default, it would be open for the investigating agency/trial court to proceed in accordance with law. 9.The application is allowed accordingly. December 16, 2025 kkb/ NABAIL No. 1999 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench