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2025 DAILYLAW 203182 (ALL)

RAM DHEERAJ v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NABAIL/1966/2025 · 2025-12-10

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1966 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.0363 of 2025 under section 316(5) of BNS, P.S. Tikait Nagar, district Barabanki. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.It is alleged in the prosecution case that on an enquiry conducted by a Joint Member committee, the Block Development Officer, Pureydalai, district Barabanki directed the Assistant Accountant to register a first information report alleging that the Gram Panchayat Adhikari Kuldeep Kumar, Technical Assistant Ram Pratap and the then Gram Pradhan Ram Dheeraj, present applicant have while conducting MNREGA work verified lesser work and have taken full payment. Thus, Rs.3,29,274/- is alleged to have been embezzled on the basis of forged papers. 4.Learned counsel for the applicant submits that vide order dated 29.9.2025, a joint liability has been fixed in equal proportion for all the three accused persons. The two co-accused Kuldeep Kumar and Ram Pratap have been granted anticipatory bail. It is further submitted that after directing the Assistant Accountant to lodge the first information report vide order dated 29.9.2025, the Block Versus Counsel for Applicant(s) : Ashwani Kumar Counsel for Opposite Party(s) : G.A. Ram Dheeraj .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Development Officer on the next date has sought explanation after giving a show cause notice from the applicant as well as the other two co- accused persons. It is thus submitted that the Block Development Officer himself was not sure even after lodging of the first information report regarding the allegations made by him/enquiry committee. The applicant claims parity with bail order of the co-accused persons, referred to above. Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation/trial. 5.Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel but could not dispute the argument advanced by learned counsel for the applicant. 6.Considering the above aspects of the matter, the fact that the applicant has no criminal history, the offence is triable by Magistrate, the undertaking given on behalf of the applicant that he will cooperate in the investigation, bail order of the co-accused Kuldeep alias Kuldeep Kumar passed in Anticipatory Bail No.1818 of 2025 and that of the other co- accused Ram Pratap, perusal of the record, as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 7.In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the investigating officer/S.H.O. The applicant shall report to the investigating officer within seven days from the date of receipt of a certified copy of this order. The investigating officer shall enlarge the applicant on anticipatory bail, as directed above. 8.The applicant shall cooperate in the investigation/trial and he will not influence the witnesses. The applicant shall not leave India sans previous permission of the Court. NABAIL No. 1966 of 2025 2 In case of default, it would be open for the investigating agency to proceed in accordance with law/ to move application for vacation of this order. 9.The application is allowed accordingly. December 10, 2025 kkb/ NABAIL No. 1966 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench