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2025 DAILYLAW 69043 (ALL)

TRIYOGI NARAYAN SINGH v. STATE OF U.P.

NABAIL/5096/2025 · 2025-07-15

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114723 Court No. - 82 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5096 of 2025 Applicant :- Triyogi Narayan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Singh,Sunil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Vijay Kumar, 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. 2. Heard Sri Sunil Kumar Singh, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I for the State. 3. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 19 of 2006, under Sections 409, 419, 420, 467, 468, 471, 201, 218, 120B, 34 IPC and Section 13(2) Prevention of Corruption Act, Police Station Dokati, District Ballia with a prayer to enlarge him on anticipatory bail during trial. 4. Learned counsel for the applicant submits, FIR of the present case was lodged in the year 2006 with the allegation that applicant was Gram Panchayat Adhikari and he along with other accused embezzled public fund by non distributing the food relates to government scheme but from the FIR, it reflects, entire allegation is general and omnibus in nature. 5. He further submits, however, since lodgment of the FIR more than 19 years have been passed but even till date investigation of the case is pending. 6. He further submits, at present investigation of the case is being conducted by the vigilance department and Investigating Officer is trying to make arrest of the applicant, therefore, applicant is having apprehension of his arrest. 7. He further submits, applicant had already retired from service and after 19 years there is no occasion of arrest of the applicant in the present matter. He further submits, applicant is not having any previous criminal history. 8. He further submits, therefore, considering the above facts, applicant should be enlarged on anticipatory bail till trial. 9. Per contra, learned AGA opposed the prayer for anticipatory bail but could not dispute the fact that FIR of the present case has been lodged in the year 2006 and till date investigation of the case is pending and applicant had already retired from service and he is not having any previous criminal history. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation, applicant was posted as Gram Panchayat Adhikari and he misappropriated the public fund by non distributing the food grains relates to government scheme along with others but it reflects, FIR of the present case was lodged in the year 2006 and till date investigation is pending and it appears, now Investigating Officer is trying to arrest the applicant. 12. Further, applicant has already retired from service and he is more than 60 years of age and he is not having any previous criminal history. 13. 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. 14. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 15. In the event of arrest of the applicant- Triyogi Narayan 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:- 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; 16. 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. 17. 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 :- 16.7.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad