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2025 DAILYLAW 39085 (ALL)

LAKSHMI NARAYAN CHAUDHARY @ LAKSHMI NATH CHAUDHARY v. STATE OF U.P..AND ANOTHER

ABAIL/17978/2021 · 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 438 CR.P.C. No. - 17978 of 2021 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Heard Sri Santosh Kumar Shukla, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA for the State-respondent. 2. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No.20 of 2006, under Sections 409, 419, 420, 467, 468, 471, 201, 218, 120B/34 IPC and 13(2) P.C. Act, Police Station Haldi, District Ballia with a prayer to enlarge him on anticipatory bail during trial. 3. Learned counsel for the applicant submits, on the basis of false allegation applicant has been made accused in the present matter. He further submits, after considering the entire facts of the case in detail on 20.12.2021 applicant was enlarged on interim anticipatory bail by the co-ordinate Bench of this Court and there is no allegation that he misused the liberty granted to him. 4. He further submits, however, applicant is having criminal history of 18 other cases but in all the cases he has been made accused with similar allegation that being Project Director he misappropriated the public fund related to Sampurna Gramin Rojgar Yojna. 5. He further submits, considering the above facts, the interim anticipatory bail granted to the applicant vide order dated 20.12.2021 may be confirmed. 6. Per contra, learned AGA opposed the prayer for anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the Versus Counsel for Applicant(s) : Santosh Kumar Shukla Counsel for Opposite Party(s) : G.A. Lakshmi Narayan Chaudhary @ Lakshmi Nath Chaudhary .....Applicant(s) State Of U.P..And Another .....Opposite Party(s) applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation, applicant being Project Director misappropriated the public fund along with other public servants but it reflects, on 20.12.2021 he was enlarged on interim anticipatory bail and till date he is on interim anticipatory bail and there is no allegation that he misused the liberty granted to him. 9. Further, it reflects, however, apart from the present case applicant is having criminal history of 18 cases but record further suggests that in all the cases with similar allegation he has been made accused and in number of cases applicant is on anticipatory bail. 10. 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. The applicant- Lakshmi Narayan Chaudhary @ Lakshmi Nath Chaudhary shall remain on anticipatory bail till conclusion of trial on the same condition as imposed by this Court vide order dated 20.12.2021. 11. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 12. 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 ABAIL No. 17978 of 2021 2 (Sameer Jain,J.) Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad