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2025 DAILYLAW 190847 (ALL)

SANJEEV KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER

NABAIL/8069/2025 · 2025-10-13

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8069 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Krishna Dutt Awasthi, learned counsel for the applicants, Shri O.P. Singh, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no.142 of 2019, under Sections 420, 467, 468 of IPC, Police Station Sirauli, District Bareilly, with the prayer that in the event of arrest, applicant may be released on bail. 3. It has been argued by the learned counsel for the applicants that applicants are innocent and they have been falsely implicated in this case. It is further submitted that no offence is made out against the applicants and as per first information report, large number of farmers are said to have received loans under the Kisan Credit Card and they have failed to repay the loan amount. It is further submitted that the applicants have deposited the part of the loan amount. It is further submitted that the applicants are not named in the first information report. It is further submitted that many of the co-accused persons have already been granted anticipatory bail by Co-ordinate Benches of this Court vide orders dated 27.02.2025 and 21.05.2025 passed in Criminal Misc. Anticipatory Bail Application U/s 482 Nos.1277 of 2025 and 1161 of 2025. It is further submitted that the applicants are having no criminal history. It was also submitted that applicants undertake to co- operate during trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co- operate with the investigation and would obey all conditions of bail. Versus Counsel for Applicant(s) : Girja Shanker Sen, Krishna Dutt Awasthi Counsel for Opposite Party(s) : G.A. Sanjeev Kumar And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail and he does not dispute the factual aspect of the matter. 5. The applicants are not named in the first information report and the applicants are said to have received loan under the Kishan Credit Card along with many other farmers and in default of repayment of the loan, the present first information reprot has been lodged. Co-accused persons have already been granted anticipatory bail by Co-ordinate Benches of this Court vide orders dated 27.02.2025 and 21.05.2025 passed in Criminal Misc. Anticipatory Bail Application U/s 482 Nos.1277 of 2025 and 1161 of 2025. It is further submitted that the applicants are having no criminal history. 6. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicant- Sanjeev Kumar and Kamla involved in the aforesaid case crime shall be released on anticipatory bail on their 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 applicants shall not tamper with evidence and that they would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) The applicants 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 him/her/them from disclosing such facts to the Court or to any police officer; NABAIL No. 8069 of 2025 2 (iii) The applicants would co-operate during trial and would not misuse the liberty of bail. (iv) The applicants shall not leave India without prior permission of the Court concerned. 10. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants. October 14, 2025 RKM NABAIL No. 8069 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad