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2025 DAILYLAW 27960 (ALL)

ANKIT KUMAR v. STATE OF U.P.

ABAIL/5521/2023 · 2025-08-05

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133344 Court No. - 82 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5521 of 2023 Applicant :- Ankit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Kunal Shah,Suvansit Kumar Jaiswal,Vipul Raj Gautam Counsel for Opposite Party :- G.A. with Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5831 of 2023 Applicant :- Raj Kumar Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Kunal Shah,Suvansit Kumar Jaiswal,Vipul Raj Gautam Counsel for Opposite Party :- G.A. with Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5836 of 2023 Applicant :- Lokesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Kunal Shah,Suvansit Kumar Jaiswal,Vipul Raj Gautam Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. These connected matters arose from the same FIR and, therefore, they are being disposed of by the common order. 2. Heard Sri Kunal Shah, learned counsel for the applicants and Sri S.B. Singh, learned A.G.A. for the State. 3. The present anticipatory bail application has been filed on behalf of the applicants in F.I.R./Case Crime No. 0417 of 2022, under Section 7 Prevention of Corruption Act, Police Station NOIDA Sector 58, District Gautam Buddh Nagar, with a prayer to enlarge him on anticipatory bail. 4. Learned counsel for the applicants submitted that applicants were not named in the FIR and there is no allegation that they either demanded any bribe or received any bribe and their names were surfaced in the present matter through the statement of co- accused Sonu, who was constable and allegedly received bribe money. 5. He further submitted that applicants have not been arrested during investigation and after service of notice under Section 41-A Cr.P.C., charge sheet has been filed against them and after submission of charge sheet, when they filed the instant anticipatory bail applications then co-accused Ankit Kumar has been released on interim anticipatory bail on 16.05.2023 and co-accused Lokesh Kumar and Raj Kumar Tyagi have been released on interim anticipatory bail on 23.05.2023 by this Court and they never misused the liberty granted to them by this Court 6. He further submitted that applicants are not having any criminal history. 7. He further submitted that therefore, interim anticipatory bail granted to applicants may be confirmed. 8. Per contra, learned A.G.A. however, opposed the prayer but could not dispute the argument on facts advanced by learned counsels for the applicants. 9. I have heard both the parties and perused the record of the case. 10. From the record, it reflect, during investigation, through the statement of co-accused, applicants have been made accused in the present matter and there is no allegation that they either made demand of bribe or received any bribe from the complainant. 11. Further, during investigation, applicants were not arrested and after service of notice under Section 41-A Cr.P.C., charge sheet has been filed against them. 12. Further, after submission of charge sheet when applicants filed the instant anticipatory bail applications then they have been released on interim anticipatory bail by this Court and there is no allegation that they misused the liberty granted to them by this Court. 13. Further, applicants are not having any criminal history. 14. Therefore, considering the facts and circumstances of the case discussed above, interim anticipatory bail granted to the applicants by this Court vide orders dated 16.05.2023 and 23.05.2023 are hereby confirmed. Applicants shall remain on anticipatory bail till conclusion of trial on the same conditions as imposed upon them by this Court vide orders dated 16.05.2023 and 23.05.2023. 15. Accordingly, instant anticipatory bail applications filed by applicants stand allowed. Order Date :- 6.8.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad