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2025 DAILYLAW 21312 (ALL)

SANJEEV NAYAN MISHRA v. STATE OF U.P.

NABAIL/1450/2025 · 2025-08-05

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133364 Court No. - 82 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1450 of 2025 Applicant :- Sanjeev Nayan Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Sankalp Narain,Srivats Narain Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Counter affidavit filed today on behalf of the State is taken on record. 2. Dr. S.B. Maurya, learned AGA-I for the State apprised the Court that he has received the instructions, therefore, instant anticipatory bail application may be finally disposed off. 3. Heard Sri Srivats Narain, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State. 4. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 05 of 2020, under Sections 13(1)(b) r/w Section 13(2) P.C. Act, Police Station U.P. Vigilance Establishment, Meerut Sector Meerut, District Meerut with a prayer to enlarge him on anticipatory bail during trial. 5. Learned counsel for the applicant submits, applicant was posted as District Social Welfare Officer and however there is allegation of disproportionate income against him but entire allegations are false. He next submits, during investigation he was not arrested by the Investigating Officer of the case although he fully cooperated with the investigation. 6. He next submits, now charge-sheet has been filed and applicant filed instant anticipatory bail application before this Court as he is having apprehension that if he will appear before the court concerned then he will be sent to jail. 7. He further submits, after considering the entire facts of the case vide order dated 08.07.2025 this Court enlarged the applicant on interim anticipatory bail. 8. He further submits, applicant is not having any criminal history, therefore, interim anticipatory bail granted to the applicant may be confirmed. 9. 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. 10. I have heard learned counsel for the parties and perused the record of the case. 11. Considering the argument advanced by learned counsel for applicant and the fact that with a very detailed and reasoned order dated 08.07.2025 applicant was enlarged on interim anticipatory bail and there is no allegation that he misused the liberty granted to him and he is not having any criminal history, in my view, applicant is entitled to be released on anticipatory bail till conclusion of trial. 12. Accordingly, the interim anticipatory bail granted to the applicant vide order dated 08.07.2025 is hereby confirmed. The applicant shall remain on anticipatory bail till conclusion of trial on the same condition as imposed upon him vide order dated 08.07.2025. 13. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 14. 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. Order Date :- 6.8.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad