JITENDER KUMAR @ JITENDER KATARIA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO.
NABAIL/1554/2025 · 2025-10-17
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 190051 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 190051 (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. - 1554 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in Case Crime No. 294 of 2025, Under Section 406, 420, 504, 506 Ŧ.P.C., Police Station-Shushant Golf City, District- Lucknow North, (Commissionerate Lucknow). Heard learned counsel for the applicant and learned A.G.A. for the State. In the prosecution case, it is alleged that the applicant persuaded the complainant to purchase a plot and assured that in case of any issue arising thereafter, he along with Amit would be responsible. It is further alleged that the applicant falsely represented himself as the Chairman of the Ansal Group. Submission of learned counsel for the applicant is that the offences alleged are triable by a Magistrate. The applicant is innocent and has been falsely implicated. He has no criminal antecedents, nor has he received any money in his account. It is also pointed out that the applicant had resigned on 17.06.2022, whereas the FIR was lodged in 2025, after an unexplained delay of more than two years. Learned counsel for the applicant further submits that if the accused is granted anticipatory bail, he undertakes to comply with all conditions imposed by the Court. He shall fully cooperate with the investigation and Versus Counsel for Applicant(s) : Surya Vijay Singh, Harsh Jaiswal Counsel for Opposite Party(s) : G.A. Jitender Kumar @ Jitender Kataria .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. .....Opposite Party(s)
shall not misuse the liberty granted to him. Learned AGA has opposed the bail application. On due consideration to the fact that the applicant has no criminal antecedents, the investigation is still in progress, and keeping in view that the offences under Sections 406 and 420 IPC cannot simultaneously go hand in hand, as held by the Hon’ble Supreme Court in Delhi Race Club (1940) Ltd. v. State of U.P., (2024) 10 SCC 690, coupled with the undertaking given by the applicant to cooperate in the investigation, I am of the considered opinion that the applicant is entitled to be released on anticipatory bail in light of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his continued cooperation in the investigation.
In view of the above, it is provided that in the event of arrest, the applicant 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:- The applicant shall report to the investigating officer within twenty days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. The application is allowed. October 17, 2025 R.C.
NABAIL No. 1554 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench