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2025 DAILYLAW 19862 (ALL)

SHIV GOPAL VAJPAI v. STATE OF U.P. AND ANOTHER

NABAIL/1463/2025 · 2025-09-23

Sameer Jain

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1463 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. None appeared on behalf of the applicant even in revised call but Sri R. N. Srivastava, learned A.G.A. for the State-respondent is present, therefore, instant anticipatory bail application is being disposed of with the assistance of the learned A.G.A. 2. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./ Case Crime No.705 of 2024 (Converted Case Crime No. 14/2024), under Sections 7, 13(1)(B), 13(2) Prevention of Corruption Act, 1988, Police Station Kankarkheda, District Meerut with a prayer to enlarge him on anticipatory bail till conclusion of trial. 3. Learned A.G.A. submits that applicant was clerk in Meerut Development Authority (Enforcement) and as per allegation, he misappropriated the public fund but considering the fact that on the date of alleged incident, he retired from service, the Co-ordinate Bench of this Court on 06.03.2025 enlarged him on interim anticipatory bail. 4. He further submits that investigation of the case with regard to the applicant is still pending. 5. I have heard learned A.G.A. for the Sate and perused the record of the case. 6. However, as per allegation, applicant was posted as clerk in Meerut Development Authority (Enforcement) and he misappropriated the public fund but it appears, the date of alleged incident was 13th November, 2024 Versus Counsel for Applicant(s) : Anurodh Tripathi Counsel for Opposite Party(s) : G.A. Shiv Gopal Vajpai .....Applicant(s) State of U.P. and Another .....Opposite Party(s) and on 30th November, 2024 applicant has been retired from his service and considering this fact, Co-ordinate Bench of this Court on 6th March, 2025 enlarged him on interim anticipatory bail and there is no allegation that he misused the liberty of interim anticipatory bail granted to him. 7. Therefore, considering the facts and circumstances of the case discussed above, the interim anticipatory bail granted to the applicant vide order dated 6th March, 2025 is hereby confirmed. The applicant- Shiv Gopal Vajpai shall remain on anticipatory bail till conclusion of trial on the same condition as imposed by this Court vide order dated 6th March, 2025 while enlarging him on interim anticipatory bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 9. 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. September 24, 2025 Zafar NABAIL No. 1463 of 2025 2 (Sameer Jain,J.) Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad