Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 82847 (ALL)

GANGA RAM v. STATE OF U.P. AND ANOTHER

NABAIL/6524/2025 · 2025-08-13

Vivek Varma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:138926 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6524 of 2025 Applicant :- Ganga Ram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 62 of 2025, under Sections 409 I.P.C., Police Station Tori Fatehpur, District Jhansi. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant has not committed any breach of trust. Under section 64 of the U.P. Co-operative Societies Act, 1965, the audit of a co-operative society is required to be conducted by the Registrar or a person appointed by the State Government, within six months (of the close of the financial year to which such accounts relate). In the present case, no such audit has been conducted, yet the prosecution has been instituted. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and 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. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that without conducting any audit as per Section 64 of the U.P. Co-operative Societies Act, 1965, the present prosecution has been instituted and at this stage, there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 7. 7. In the event of arrest, the applicant- Ganga Ram be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (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 or to any police officer; (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 S.S.P./S.P. concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11. The application stands disposed of. Order Date :- 14.8.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad