LAKSHMI NARAYAN CHAUDHARY @ LAKSHMI NATH CHAUDHARY v. STATE OF U.P. AND ANOTHER
ABAIL/17961/2021 · 2025-08-11
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37578 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37578 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:137288 Court No. - 82 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17961 of 2021 Applicant :- Lakshmi Narayan Chaudhary @ Lakshmi Nath Chaudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Supplementary affidavit filed today on behalf of the applicant is taken on record.
2. Sri Jhamman Ram, 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 Santosh Kumar Shukla, learned counsel for the applicant and Sri Jhamman Ram, 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. 57B of 2006, under Sections 409, 419, 420, 467, 468, 471, 201, 218, 120B/34 IPC and Section 13(2) P. C. Act, Police Station Rewati, District Ballia with a prayer to enlarge him on anticipatory bail during trial.
5. Learned counsel for the applicant submits, on the basis of false allegation applicant has been roped in the present matter along with several others. He further submits, after considering the entire
facts of the case in detail the co-ordinate Bench of this Court on 20.12.2021 was pleased to enlarge the applicant on interim anticipatory bail and there is no allegation that applicant misused the liberty granted to him. 6. He further submits, now charge-sheet has been filed and after submission of the charge-sheet applicant is having apprehension that if he will appear before the court concerned then he will be sent to jail. He further submits, after submission of the charge- sheet custodial interrogation of the applicant does not appear to be
necessary. 7. He further submits, however, apart from the present case applicant is having criminal history of 12 other cases but in all the cases on the basis of similar allegation he has been roped and in all the cases he is on bail. He further submits, therefore, interim anticipatory bail granted to the applicant vide order dated 20.12.2021 may be confirmed. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, applicant was Project Director and he misused his position and misappropriated public fund along with others but it reflects FIR of the present case was lodged in the year 2006 and charge-sheet in the present matter has been filed in the year 2022. Further, only general allegations have been leveled against all the accused. 10. Further, during pendency of investigation after considering the entire facts in detail co-ordinate Bench of this Court vide order dated 20.12.2021 enlarged the applicant on interim anticipatory bail. 11. Further, as charge-sheet has already filed, therefore, custodial interrogation of the applicant does not appear to be necessary. 12. Further, considering the general practice adopted by the courts concerned now a days, the apprehension of arrest raised by the applicant cannot be ruled out. 13. Further, however, applicant is having criminal history of 12 other cases but it appears, on the basis of similar allegation he has been made accused in all the cases and in all the cases he is on bail. 14. Therefore, considering the facts and circumstances of the case, the interim anticipatory bail granted to the applicant vide order dated 20.12.2021 is hereby confirmed. Applicant shall remain on anticipatory bail till conclusion of trial on the same conditions as imposed by this Court vide order dated 20.12.2021. 15.
Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 16. 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 :- 12.8.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad