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. - 9639 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Learned counsel for the applicant, the Learned A.G.A. for the State and perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 156 of 2007, under Sections 420, 467, 468, 471, 120-B, 35 IPC, Police Station- Kotwali Baberu, District -Banda, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the above-mentioned case. 3. The Learned counsel for the applicant has contended that the applicant has been falsely implicated in the present case. The allegation against the applicant is of furnishing forged documents and false information and obtaining a fake arms license from the State of Nagaland. The F.I.R. in question was registered against the applicant on 31.05.2007. The applicant had filed a writ petition before this court being Criminal Misc. Writ Petition No. 3192 of 2008 and in which this Court had granted stay of arrest to the applicant till the submission of police report. Learned counsel for the applicant further submitted that it is thereafter that a charge sheet was filed against the applicant on 28.03.2008, which was challenged by the applicant in Application U/S 482 Cr.P. C. No. 6637 of 2011, and this Court vide order dated 18.03.2011 granted interim order to the applicant in the form of no coercive action being taken against the applicant till the next date. Learned counsel for the applicant further submitted that unfortunately the Application U/S 482 Cr.P. C. No. 6637 of 2011 came to be dismissed on 06.12.2019 for want of prosecution and the applicant did not have any knowledge of the said dismissal. On coming to know of the dismissal of the applicant's Application U/S 482 Cr.P.C. on 06.12.2019, an application for restoration/recall was filed in which this Court vide order dated 06.03.2023 Versus Counsel for Applicant(s) : Mahadeo Singh Chandel Counsel for Opposite Party(s) : G.A. Suresh Chandra Mishra .....Applicant(s) State of U.P. .....Opposite Party(s)
directed the case to be listed before the appropriate Bench at an early date.
The said application is still pending consideration before the appropriate Court, but in the meantime, a non-bailable warrant has been issued against the applicant and the applicant apprehending his arrest has approached this Court seeking anticipatory bail. Except Case Crime Nos. 156 of 2007 and 157 of 2007, both lodged against the applicant on the basis of same FIR, the applicant has no criminal antecedents. 4. The Learned A.G.A. has opposed the prayer for grant of anticipatory bail, but does not dispute the fact that the applicant has no other criminal history as explained above. 5. I have considered the submissions made by the Learned counsel for the parties and perused the material brought on the record. 6. Applicant had been granted interim protection from arrest in a writ petition during the pendency of the investigation. It is thereafter that the applicant was again granted interim protection in Application U/S 482 Cr.P.C. No. 6637 of 2011, the restoration application of the applicant regarding the dismissal of his Application U/S 482 Cr.P.C. is still pending. The applicant is stated to be an old man aged about 70 years (the affidavit in paragraph no. 17 states that the applicant is aged about 70 years whereas the description of the deponent shows the applicant to be 63 years). The applicant has no other criminal antecedents. 7. Taking into account all the facts and circumstances of the case and the allegations made against the applicant, the old age and the fact that he has no other criminal antecedents and without expressing any opinion on the merits of the case, I deem it fit to enlarge the applicant on anticipatory bail. 8. In view of the above, the anticipatory bail application of the applicant is allowed. 9.
In the event of the arrest of the applicant -Suresh Chandra Mishra, he shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing a personal bond and surety each in the like amount to the satisfaction of the Station House Officer of the police station/Court concerned with the following conditions:- i. the applicant shall make himself available for interrogation by a police officer as and when required; ii. 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; iii. that the applicant shall not leave India without the previous permission of the Court;
NABAIL No. 9639 of 2026 2
iv. that the applicant shall not pressurize/intimidate the prosecution witness;
10. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. 11. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and are not to be considered to be an opinion on the merits of the case. September 30, 2026 Sartaj NABAIL No. 9639 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad