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2025 DAILYLAW 52485 (ALL)

SATYA DEV SINGH v. STATE OF U.P.

ABAIL/10890/2022 · 2025-09-08

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. - 10890 of 2022 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Instant anticipatory bail application has been connected with Anticipatory Bail Application No. 13343 of 2022 (Sri Udai Pratap vs. State of U.P.) but it reflects, none is present on behalf of Sri Udai Pratap, therefore, instant anticipatory bail application is disconnected with the connected matter (Anticipatory Bail Application No. 13343 of 2022). 2. Heard Sri Surendra Vikram Singh, learned Advocate holding brief of Sri Rajesh Pratap Singh, learned counsel for the applicant and Sri Manoj Kumar Singh, learned brief holder for the State. 3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 95 of 2015 under Sections 419, 420, 467, 468, 471, 474 IPC, 65, 66 I.T. Act and Section 7/13 Prevention of Corruption Act, 1988 Police Station-Sidari, Police Station-Azamgarh, with a prayer to enlarge him on anticipatory bail. 4. Learned counsel for the applicant submitted that applicant is innocent and nobody was named in the FIR and during investigation applicant has been made accused in the present matter. He further submitted that when applicant filed the instant anticipatory bail application before this Court then this Court on 19.12.2022 protected him by passing the order that no coercive measure shall be taken against the applicant and there is no allegation that he is misusing the liberty granted to him by this Court. 5. He further submitted that now charge sheet has been filed and even after submission of charge sheet custodial interrogation of the applicant is not required. 6. He further submitted that applicant is having apprehension, if he will Versus Counsel for Applicant(s) : Rajesh Pratap Singh Counsel for Opposite Party(s) : G.A. Satya Dev Singh .....Applicant(s) State of U.P. .....Opposite Party(s) appear before the court concerned then he will be sent to jail. 7. He further submitted that however, apart from the present case, applicant is having criminal history of one another case but facts of both the cases are same and with similar allegation, he has been made accused in both the cases. 8. He further submitted that considering the above facts, applicant may be enlarged on anticipatory bail till conclusion of trial. 9. Per contra, learned AGA, however, opposed the prayer for grant of anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard both the parties and perused the record of the case. 11. However, as per allegation, applicant along with others committed the offence of misappropriation but it reflects, when he filed the instant anticipatory bail application before this Court in the year 2022 then co- ordinate Bench of this Court on 19.12.2022 passed an order that no coercive measure shall be taken against the applicant and there is no allegation that applicant is misusing the protection granted to him by this Court. 12. Further, now charge sheet has been filed against the applicant and after submission of charge sheet, custodial interrogation of the applicant does not appear to be necessary. 13. Further, however, apart from the present case, applicant is having criminal history of one another case but facts of both the cases are same and with similar allegation, he has been made accused in both the cases. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on anticipatory bail till conclusion of trial. 15. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 16. In the event of arrest of the applicant-Satya Dev Singh involved in the aforesaid case crime number, shall be released on bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:- ABAIL No. 10890 of 2022 2 i. that 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence; ii. that the applicant shall not leave India without previous permission of the court; iii. that the applicant shall not tamper with the evidence during the trial; iv. that the applicant shall not pressurize/ intimidate the prosecution witness; v. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; 17. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant. 18. 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 9, 2025 KK Patel ABAIL No. 10890 of 2022 3 (Sameer Jain,J.) Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad