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2025 DAILYLAW 70036 (ALL)

JAISHANKER SINGH v. STATE OF U.P. AND 2 OTHERS

NABAIL/5341/2025 · 2025-07-07

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106779 Court No. - 82 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5341 of 2025 Applicant :- Jaishanker Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- M.S. Chauhan Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. At the very outset learned counsel for the applicant submits that there is some mistake in the prayer clause of the instant anticipatory bail application and, therefore, he may be permitted to correct the same. 2. Learned AGA is having no objection. 3. In view of the above, learned counsel for the applicant is permitted to make necessary correction in the prayer clause of the instant application during the course of the day. 4. Sri Vijay Kumar, learned AGA-I, for the State, apprised the Court that he has received the instructions, therefore, the instant anticipatory bail application may be finally disposed off. 5. Heard Sri M.S.Chauhan, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I, for the State. 6. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Special Trial No.569 of 2022 (State Vs. Kuldeep Singh and others) arising out of Case Crime No.40A of 2006, under Sections 409,420, 467, 468, 471,120B and 34 IPC and Section 13(2) of Prevention of Corruption Act, Police Station Nagra, District Ballia during pendency of the trial. 7. Learned counsel for the applicant submits that FIR of the present case was lodged in the year 2006 against the applicant and as many as 140 others and as per allegation applicant was Gram Vikas Adhikari and he along with others misappropriated the public fund but entire allegations levelled against the applicant were totally false. 8. He further submits that during investigation applicant has been released on anticipatory bail by this Court till submission of police report vide order dated 13.5.2022 which has been annexed at page 46 of the paper book and there is no allegation that he did not cooperate with the investigation. 9. He further submits that now charge sheet has been filed on 7.3.2025 and applicant is having apprehension if he will appear before the court concerned then he will be sent to jail. 10. He further submits that number of other accused persons with similar allegations have already been released on anticipatory bail by this Court and their bail orders have been annexed from page 71 onward of the paper book. 11. He further submits that applicant is not having any previous criminal history. 12. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 13. I have heard learned counsel for the parties and perused the record of the case. 14. However, as per allegation applicant was Gram Vikas Adhikari and he along with others misappropriated public money but it reflects that FIR of the present case was lodged in the year 2006 against as many as 141 persons including the applicant and charge sheet could only be filed in the month of March, 2025. 15. Further, during investigation this Court enlarged the applicant on anticipatory bail till submission of police report under Section 173 (2) Cr.P.C. and there is no allegation that applicant misused the liberty granted to him by this Court. . 16. Further, number of other similarly placed accused persons have already been released on anticipatory bail by different Coordinate Benches of this court. 17. Further, applicant is not having any previous criminal history and apprehension of arrest raised by him cannot be ruled out at this stage. 18. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on anticipatory bail till the conclusion of the trial. 19. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 20. In the event of arrest of the applicant-Jaishanker Singh involved in the aforesaid case crime number, shall be released on bail till the conclusion of the trial case 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 temper with the evidence during the trial; (iv) that the applicants 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; 21. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicants. 22. It is made clear that the 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 :- 8.7.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad