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2026 DAILYLAW 1643 (ALL)

LAKHAN SINGH v. STATE OF U.P.

NABAIL/870/2026 · 2026-05-17

Jai Prakash Tiwari

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 870 of 2026 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. Heard learned counsel for the applicant as well as the learned A.G.A. for the State and perused the record. This application has been moved on behalf of the applicant seeking anticipatory bail in Case Crime No. 191 of 2014, under Sections 409, 419, 420, 467, 468, 471, 120B IPC, Police Station Mursan, District Hathras, during the pendency of the trial. It has been submitted by the learned counsel for the applicant that the present FIR was lodged in the year 2014 against the several accused with the allegation that they have misappropriated the scholarship amount of the students and after investigation with malafide intention, the charge sheet has been submitted without collecting the cogent evidence and entire allegations levelled against the applicant are totally false. It is submitted that similarly situated co-accused of the applicant namely Umesh Kumar, Ajmeri Alias Mohd Ajmeri, Manish Goswami, Mohd. Shamshad Ali and Adhir Pachauri, have been enlarged on anticipatory bail by this Court vide its orders dated 23.04.2026, 18.02.2026, 17.12.2025 and 02.02.2026 passed in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.- 782 of 2026 (Umesh Kumar vs State of U.P.), No. 10986 of 2025 (Ajmeri Alias Mohd Ajmeri and Another Vs. State of U.P.), No. 10063 of 2025 (Mohd Shamshad Ali Vs. State of U.P.) and No. - 11064 of 2025 (Adhir Pachauri Vs. State of U.P. and Another), respectively. He submits that case of the applicant stands on similar Versus Counsel for Applicant(s) : Krishna Kant Shukla Counsel for Opposite Party(s) : G.A. Lakhan Singh .....Applicant(s) State of U.P. .....Opposite Party(s) footing to that of the co-accused, who have already been enlarged on anticipatory bail by this Court, therefore, similar indulgence may also be granted in favour of the applicant. The applicant has no criminal antecedents. It is next submitted that applicant is having apprehension of arrest by the police any time in the above-mentioned case, whereas there is no credible evidence against him. If the applicant is enlarged on bail on parity, he will not misuse the liberty and will cooperate with the investigation/trial. Per contra, learned A.G.A. opposed the prayer for anticipatory bail. Learned AGA submitted that similar role has been assigned to the present applicant and does not dispute the fact that the co-accused of the applicant have already granted bail by this Court. In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the law on the subject finally by holding that the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial. It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till trial. It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion. Considering the settled principles of law regarding anticipatory bail, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till the trial. The application is allowed accordingly. NABAIL No. 870 of 2026 2 Further, applicant-Lakhan Singh is directed to appear before the court concerned within ten days from today along with the certified copy of this order, and shall furnish personal bond with two sureties each in the like amount to the satisfaction of the court concerned, and he shall be released on anticipatory bail till the conclusion of trial, subject to the following conditions:- (i) The applicant shall make himself available before the Court concerned on the date fixed in the matter and will cooperate in the trial. (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 him/her from disclosing such facts to the Court or to any police office. (iii) The applicant shall not leave India without the previous permission of the Court and if he/she has passport, the same shall be deposited by him/her before the S.S.P./S.P. Concerned. In case of default of any of the conditions, the same may be a ground for cancellation of protection granted to the applicant. It is further directed that the trial court shall conclude the trial of the case, strictly in view of the provisions of Section 309 Cr.P.C., as expeditiously as possible, within a period of one year, from the date of production of this order, without granting any unnecessary adjournment to either of the parties, if there is no legal impediment. May 18, 2026 Brijesh NABAIL No. 870 of 2026 3 (Jai Prakash Tiwari,J.) Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad