Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 86435 (ALL)

SRIPRAKASH YADAV v. State of U.P. AND 2 OTHERS

ABAIL/8040/2024 · 2025-08-06

Sameer Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:134169 Court No. - 82 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8040 of 2024 Applicant :- Sriprakash Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Abhai Singh,Virendra Singh Counsel for Opposite Party :- G.A. With Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7022 of 2024 Applicant :- Shyam Prakash Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Pratibha Ojha Counsel for Opposite Party :- G.A. With Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8189 of 2024 Applicant :- Prasanth Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Khare,Rashtrapati Khare Hon'ble Sameer Jain,J. 1. As all the three anticipatory bail applications relate to same FIR, therefore, all the three anticipatory bail applications are being disposed off by a common order. 2. Heard learned counsel for the applicants and Sri Brijesh Pratap Singh, learned A.G.A. for the State-respondents. 3. The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.62 of 2015, under Sections 409, 420, 120-B IPC and Section 13(2) `of P. C. Act, Police Station Sangramgarh, District Pratapgarh, with a prayer to enlarge them on anticipatory bail. 4. Learned counsel for the applicants submit that on the basis of false allegations, applicants have been made accused in the present matter. 5. They further submit that after considering the entire facts of the case in detail, applicants - Sriprakash Yadav, Shyam Prakash Gupta and Prasanth Verma have been enlarged on interim anticipatory bail by different Co-ordinate Benches of this Court vide orders dated 20.09.2024, 05.08.2024 and 05.09.2024, respectively. 6. They further submit that there is no allegation that applicants misused the liberty of interim anticipatory bail granted to them by this Court and therefore, interim anticipatory bail earlier granted to them may be confirmed. 7. They further submit that even similarly placed co-accused Mohammad Shaur Khan has already been enlarged on anticipatory bail by Co-ordinate Bench of this Court vide order dated 08.08.2024 passed in Criminal Misc. Anticipatory Bail Application u/s 438 No.7533 of 2024. 8. Per contra, learned A.G.A. however, opposed the prayer for anticipatory bail but could not dispute the arguments on facts advanced by learned counsel for the applicants. 9. I have heard both the parties and perused the record of the case. 10. From the record, it reflects that however, as per allegations, applicants being public servants misappropriated public fund but record also suggests that when applicants filed their separate anticipatory bail applications before this Court then they were enlarged on interim anticipatory bail by different Co-ordinate Benches of this Court vide orders dated 20.09.2024, 05.08.2024 and 05.09.2024, respectively and there is no allegation that they misused the liberty of interim anticipatory bail granted to them by this Court. 11. Further, it also reflects that investigation of the case continued for more than a decade. 12. Further, it reflects that similarly placed co-accused Mohammad Shaur Khan has already been enlarged on anticipatory bail by Co- ordinate Bench of this Court vide order dated 08.08.2024. 13. Further, it reflects that charge-sheet has been filed, therefore, custodial interrogation of the applicants does not appear to be necessary in the present matter. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, interim anticipatory bail granted to the applicants vide orders dated 20.09.2024, 05.08.2024 and 05.09.2024 may be confirmed and is hereby confirmed and applicants shall remain on anticipatory bail till conclusion of the trial on the same condition as earlier imposed by Co-ordinate Bench of this Court while enlarging them on interim anticipatory bail vide orders dated 20.09.2024, 05.08.2024 and 05.09.2024. 15. The instant anticipatory bail applications under Section 438 Cr.P.C. filed on behalf of the applicants - Sriprakash Yadav, Shyam Prakash Gupta and Prasanth Verma stand allowed. Order Date :- 7.8.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad