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2025 DAILYLAW 192538 (ALL)

DIPENDRA KUMAR SINGH v. STATE OF U.P. AND ANOTHER

NABAIL/8498/2025 · 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 482 BNSS No. - 8498 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Bhupendra Kumar Mishra, holding brief of Gaurav Singh Tomar, learned counsel for the applicant and Sri B.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. 417 of 2008 under Sections 419, 420, 409, 468, 120B IPC and 3/7 Essential Commodities Act, Police Station Madhogarh District Jalaun with the prayer that in the event of arrest, applicant may be released on bail. 3. It is contended by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above- mentioned case. He further submits that no offence is made out against the applicant as the first information report has been lodged in the year 2008 and the chragesheet was submitted in the year 2021 and cognizance has been taken in the year 2023. It is further submitted that proceedings in respect of co-accused has already been stayed by this Court. It is also submitted that FIR of the case is missing from the record of the trial Court and there is no possibility of the trial of the case expeditiously. It is further submitted that co-accused Ramesh Chandra Sharma has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 17.1.2022 passed in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 20397 of 2021. It was also submitted that applicant undertakes to co-operate during trial and he would appear as Versus Counsel for Applicant(s) : Gaurav Singh Tomar, Subhash Gosain Counsel for Opposite Party(s) : G.A. Dipendra Kumar Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail, however, he does not dispute the factual aspect. 5. I have considered the rival submissions made by learned counsel for the parties. 6. The first information report was lodged in the year 2008 and the chargesheet was submitted in the year 2021 and cognizance has been taken in the year 2023. Proceedings in respect of the co-accused has already been stayed by this Court. 7. 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, the 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. 8. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 9. The anticipatory bail application is allowed. 10. In the event of arrest of the applicant- Dipendra Kumar Singh involved in the aforesaid case crime, he shall be released on anticipatory bail on his 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 applicant shall not tamper with evidence and that he would appear NABAIL No. 8498 of 2025 2 before the trial Court on the date fixed unless exempted by the Court concerned; (ii) The applicant 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; (iii) The applicant would cooperate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 11. 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 applicant herein. October 17, 2025 Abhishek NABAIL No. 8498 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad