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Neutral Citation No. - 2025:AHC:134645 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3552 of 2025 Applicant :- Rajan Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Awadhesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 154 of 2020, under Sections 406, 409, 419, 420, 467, 468, 471 I.P.C., Police Station - Chandpur, District- Fatehpur, during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. At the relevant time the applicant was Pradhan of the concerned Gram Sabha. No proceedings under the U.P. Panchayat Raj Act, 1947 read with U.P. Panchayat Raj Rules, 1997 were initiated by the District Magistrate with regard to the present complaint. Further, during the course of investigation, the applicant was granted interim anticipatory bail by this Court vide order dated 10.2.2021 passed in Criminal Misc. Anticipatory Bail Application No.2748 of 2021 (Rajan Yadav vs. State of U.P. and 2 others). The said application was dismissed for want of prosecution on 21.9.2022. The co-accused Awadh Lal Sonkar, Kailash Chandra and Brijesh Verma have been granted anticipatory bail by this Court vide order dated 11.12.2024 passed in Criminal Misc. Anticipatory Bail Application No.11588 of 2024 (Awadh Lal Sonkar and 2 others vs. State of U.P. and another). Applicant claims parity. It is next contended that the essential ingredients to constitute the alleged offences are not made out. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned Court. No custodial interrogation is required. Criminal history of the applicant has been explained in para no.27 of the bail application. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could
not satisfactorily dispute the aforesaid submissions from the record. 5.
Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant, and the fact that no proceedings under the U.P. Panchayat Raj Act, 1947 read with U.P. Panchayat Raj Rules, 1997 were initiated by the District Magistrate with regard to the present complaint; during the course of investigation, the applicant was granted interim anticipatory bail by this Court vide order dated 10.2.2021 passed in Criminal Misc. Anticipatory Bail Application No.2748 of 2021; the co-accused Awadh Lal Sonkar, Kailash Chandra and Brijesh Verma have been granted anticipatory bail by this Court vide order dated 11.12.2024 passed in Criminal Misc. Anticipatory Bail Application No.11588 of 2024; investigation has been completed; charge sheet has been filed; the applicant had cooperated in the investigation; the applicant has been summoned by the concerned court, no custodial interrogation is required; without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Rajan Yadav, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make himself available on each date fixed in the matter by the court concerned; (ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8.
The application stands disposed of. Order Date :- 8.8.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad