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2025 DAILYLAW 77170 (ALL)

DILIP KUMAR SINGH v. STATE OF U.P. AND ANOTHER

NABAIL/5760/2025 · 2025-07-28

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:124883 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5760 of 2025 Applicant :- Dilip Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Mishra,Vinay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record. 2. The instant application has been filed with the prayer to grant anticipatory bail to the applicant in Case No. 18346 of 2023 arising out of Case Crime No. 268 of 2022 under Sections 419, 420, 467, 468, 471, 406 of I.P.C., Police Station Kotwali, District Deoria. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant was appointed as Assistant Teacher at Primary School on 20.11.1999 after proper verification of the documents. Subsequently, he was promoted as Head Master on 31.07.2008. The services of the petitioner was terminated by the Competent Authority on 21.03.2022. Against the said order, the applicant approached this Court by filing Writ A No. 5676 of 2022 (Dileep Kumar Singh vs. State of U.P. and 5 others). The court vide order dated 19.04.2022 granted liberty to the applicant to approach the Secretary, U.P. Basic Education Board, Prayagraj. Against the order passed by this Court, the applicant preferred a special appeal. The said appeal is still pending. The validity of the termination order is under- challenge. The applicant has not forged or manipulated any documents. At this stage, there is no credible evidence to link the applicant with the offence. Investigation has been completed. The applicant had cooperated in the investigation. Charge-sheet has been filed. The applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant has no criminal antecedents. 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 at this stage, there is no substantive evidence against the applicant, charge-sheet has been filed, the applicant had cooperated in the investigation and 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 Dilip Kumar Singh, 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 :- 29.7.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad