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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8218 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard Learned counsel for the applicant; and Learned A.G.A. for the State. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 0008 of 2019, under Sections 409, 420, 467, 468, 471, 477-A, 120B and 34 of the IPC, Police Station – Varanasi Sector (E.O.W.), District Varanasi, with a prayer to enlarge him on anticipatory bail, as the applicant apprehends his arrest in the aforesaid case. 3. Learned counsel for the applicant contends that the applicant was a fair price shop dealer in the year 2004-05 and it has been alleged that the applicant in league with the other accused on the basis of fake muster roll had misappropriated food grains. The Learned counsel for the applicant contends that similarly named co-accused Ram Kishore Maurya and Aliyar Ram have been granted anticipatory bail by this Court in NABAIL Nos. 6684 of 2026 and 4019 of 2026 respectively. He further submits that the FIR has been lodged after an excessive delay of almost fourteen years. The investigation is still pending and there is no allegation against the applicant of absconding or not cooperating in the investigation. 4. Learned A.G.A. has opposed the prayer for bail but could not dispute the fact that the case of the applicant stands on Versus Counsel for Applicant(s) : Yadvesh Yadav Counsel for Opposite Party(s) : G.A. Sudama Pandey .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
similar footing to that of the co-accused. 5. I have considered the submissions made by the Learned counsel for the parties. 6. Co-accused Ram Kishore Maurya who was the Gram Panchayat Vikas Adhikari and Aliyar Ram who was the Assistant Development Officer posted at the relevant point of time have been granted anticipatory bail by this Court. The FIR has been lodged with an excessive delay of almost fourteen years. The investigation is still said to be pending while the FIR was lodged in the year 2019. 7. In the prima facie opinion of the Court, taking into account the entire facts and circumstances of the case, a case for grant of anticipatory bail is made out. 8. The anticipatory bail application of the applicant is allowed. 9.
In the event of the arrest of the applicant- Sudama Pandey, involved in the aforesaid case crime, he shall be released on anticipatory bail, on his furnishing a personal bond and surety 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. 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. The applicant shall not leave India without the previous permission of the Court; iv. 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. NABAIL No. 8218 of 2026 2
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 8, 2026 Kushal NABAIL No. 8218 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad