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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7573 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 127 of 2017, under sections 409, 120B I.P.C., Police Station- Matsena, District- Firozabad. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The alleged Lok Sabha election was held in the year 2004. The applicant retired as Assistant District Election Officer in the year 2013. The first information report was lodged on 08.03.2017. The alleged payment was duly made by the applicant at the relevant time. It is next contended that the applicant has not committed any offence of criminal breach of trust. Further, during the course of investigation, the applicant was granted protection till submission of police report vide order dated 12.04.2017 passed in Criminal Misc. Writ Petition No. 5434 of 2017 (Hira Lal Solanki vs. State of U.P. and 3 others). Investigation has been completed. Charge- sheet has been filed. The applicant had cooperated in the Versus Counsel for Applicant(s) : Noor Muhammad, Yogesh Kumar Srivastava Counsel for Opposite Party(s) : G.A. Hiralal Solanki .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant came to know about the pending proceedings only in the month of August. 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 by learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that the alleged Lok Sabha election was held in the year 2004, the applicant retired as Assistant District Election Officer in the year 2013, the first information report was lodged on 08.03.2017, during the course of investigation, the applicant was granted protection till submission of police report, 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 Hiralal Solanki, 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 NABAIL No. 7573 of 2025 2
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. September 16, 2025 Sachin Mishra NABAIL No. 7573 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad