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2025 DAILYLAW 190861 (ALL)

SATISH KUMAR v. STATE OF U.P.

ABAIL/5475/2023 · 2025-10-16

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5475 of 2023 Court No. - 73 HON'BLE SAMEER JAIN, J. 1. Sri Arvind Kumar, learned AGA for the State apprised the Court that he has received the instructions, therefore, instant anticipatory bail application may be finally disposed off. 2. Heard Sri Swetashwa Agarwal, learned counsel for the applicant and Sri Arvind Kumar, learned AGA for the State. 3. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 209 of 2019, under Sections 218, 420, 467, 468, 471, 120B IPC and Section13 Prevention of Corruption Act, Police Station Kasna, District Gautam Budh Nagar with a prayer to enlarge him on anticipatory bail during trial. 4. Learned counsel for the applicant submits, as per allegation, applicant was posted as Deputy Chief Executive Officer in Yamuna Expressway Industrial Development Authority and he along with other accused committed offences under Sections 218, 420, 467, 468, 471, 120B IPC and Section 13 Prevention of Corruption Act but entire allegation leveled against the applicant is totally false. 5. He further submits, during pendency of investigation when applicant filed instant anticipatory bail application in the year 2023 then with a detailed order he was enlarged on interim anticipatory bail and till now he is on interim anticipatory bail. 6. He further submits, now charge-sheet has been filed and after submission Versus Counsel for Applicant(s) : Srijan Pandey, Swetashwa Agarwal Counsel for Opposite Party(s) : G.A. Satish Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) of charge-sheet custodial interrogation of the applicant is not required. 7. He further submits, applicant fully cooperated with the investigation and he is having apprehension that if he will appear before the court concerned then he will be sent to jail. 8. He further submits, however apart from the present case applicant was made accused in one another case but in that case applicant has been exonerated. 9. He further submits, therefore, considering above facts, interim anticipatory bail granted to the applicant vide order dated 16.05.2023 may be confirmed. 10. Per contra, learned AGA opposed the prayer for anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per allegation, applicant was public servant and he along with other accused committed offences under Sections 218, 420, 467, 468, 471, 120B IPC and Section 13 Prevention of Corruption Act but it reflects, during investigation when he filed instant anticipatory bail application before this Court then this Court on 16.05.2023 was pleased to enlarge him on interim anticipatory bail and till date pursuant to the order dated 16.05.2023 applicant is on interim bail. It reflects, in February, 2025 charge- sheet has been filed and there is no allegation that during investigation applicant did not cooperate with the investigation. 13. Further, apprehension of arrest raised by applicant cannot be ruled out. Further, even after submission of the charge-sheet custodial interrogation of the applicant does not appear to be necessary. 14. Further, however, apart from the present case applicant was also made accused in one another case but it appears, in that case after investigation he has been exonerated. 15. Therefore, considering the facts and circumstances of the case, the interim anticipatory bail granted to the applicant vide order dated 16.05.2023 ABAIL No. 5475 of 2023 2 is hereby confirmed. The applicant- Satish Kumar shall remain on anticipatory bail till conclusion of trial on the same condition as imposed by this Court vide order dated 16.05.2023. 16. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 17. It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. October 17, 2025 AK Pandey ABAIL No. 5475 of 2023 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad