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2025 DAILYLAW 97807 (ALL)

RAVI BHUSHAN SINGH ALIAS RAVI BHUSHAN KUMAR v. STATE OF U.P.

NABAIL/7778/2025 · 2025-09-22

Sameer Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7778 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Heard Sri Kandarp Srivastava, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Special Trial No.679 of 2025 arising out of Case Crime No.20A of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B and 34 IPC and Section 13(2) Prevention of Corruption Act, Police Station Haldi, District Ballia during pendency of the trial. 3. Learned counsel for the applicant submits that FIR of the present case was lodged in the year 2006 against the applicant and 87 others and as per allegation applicant and others misappropriated the public fund but entire allegations levelled against the applicant were totally false. 4. He further submits that during investigation applicant and others approached this Court in Criminal Misc.Writ Petition No. 32276 of 2018 and on 13.11.2018 Division Bench of this Court was pleased to stay their arrest till submission of Police report under Section 173(2) Cr.P.C. 5. He further submits that pursuant to the order dated 13.11.2018 passed by this Court during investigation applicant has not been arrested and he fully cooperated with the investigation but now in the year 2025 charge sheet has been filed and on 5.8.2025 cognizance has been taken and summons were issued to the applicant. Versus Counsel for Applicant(s) : Aditi Srivastava, Kandarp Srivastava Counsel for Opposite Party(s) : G.A. Ravi Bhushan Singh Alias Ravi Bhushan Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) 6. He further submits that applicant is having apprehension, if he will appear before the court concerned then he will be sent to jail. 7. He further submits that as during investigation applicant was duly protected and after submission of charge sheet his custodial interrogation is not required, therefore, there is no need to send him custody. 8. He further submits that however applicant is having criminal history of one another case with similar allegation but in that case applicant is on anticipatory bail. 9. He further submits that therefore, considering the above facts applicant may be enlarged on anticipatory bail till the conclusion of the trial. 10. 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. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per allegation applicant, who was Village Development Officer, committed offence for misappropriation of public fund along with as many as 80 others but it reflects that during investigation his arrest was stayed by Division Bench of this Court and there is no allegation that he did not cooperate with the investigation. 13. Further, now charge sheet has been filed and cognizance has been taken and summons were issued to applicant and others on 5.8.2025. Considering this fact apprehension of arrest raised by the learned counsel for the applicant cannot be ruled out. 14. Further, this Court finds merit in the argument advanced by the learned counsel for the applicant that after submission of charge sheet custodial interrogation of the applicant is not required and as applicant was duly protected during investigation, therefore, after submission of charge sheet there is no occasion to send him jail. 15. Further, however, it reflects that apart from the present case applicant is having criminal history of one another case with similar allegation but in that case he is on anticipatory bail. NABAIL No. 7778 of 2025 2 16. 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 trial. 17. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 18. In the event of arrest of the applicant-Ravi Bhushan Singh @Ravi Bhushan Kumar involved in the aforesaid case crime number, shall be released on bail till the conclusion of the trial 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; 19. 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. 20. 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. September 23, 2025 SKM NABAIL No. 7778 of 2025 3 (Sameer Jain,J.) Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad