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2026 DAILYLAW 8329 (ALL)

DHEERAJ KUMAR MISHRA v. STATE OF U.P.

NABAIL/9268/2026 · 2026-09-22

Rajiv Lochan Shukla

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9268 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.315 of 2026, under Sections 351(3), 352, 340(2), 336(3), 338, 318(4) and 319(3) BNS, Police Station- Sidhari, District Azamgarh, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the above-mentioned case. 3. Learned Counsel for the applicant has contended that the allegation is of the informant putting up money for purchasing a second-hand motor vehicle, which was to be financed by the applicant's company, M/s. Indostar Capital Finance Limited. The applicant is the Manager in the said company. The Direct Sales Associates (DSAs) handle the sale of second- hand cars and the applicant's role is only to approve the loan and send the money to the seller upon approval of the loan. The purchased vehicle had to be hypothecated in favour of the finance company within sixty days of the approval of the loan. As the same was not done, the money that had been sent to the Direct Sales Associate was refunded to the finance company. It appears that, in the meantime, the agent of the DSA misappropriated the amount deposited by the informant towards the purchase of the second-hand vehicle. The informant has indiscriminately lodged the F.I.R. against all the persons concerned. The applicant has no Versus Counsel for Applicant(s) : Abhinav Gaur, Ankit Shukla, Mohd. Rashid Siddiqui, Sanket Verma Counsel for Opposite Party(s) : G.A. Dheeraj Kumar Mishra .....Applicant(s) State of U.P. .....Opposite Party(s) criminal antecedents. 4. Learned A.G.A. has opposed the prayer for bail but does not dispute the factual assertions made by the applicant. 5. I have considered the submissions made by the learned counsel for the parties. 6. The applicant is stated to be the financier, and there is no direct role of the applicant in the alleged misappropriation of the amount put up by the informant for purchasing a pickup vehicle. The applicant has no criminal antecedents. The sale was promised by the co-accused Ashok Kumar Gaur. Prima facie, from the material available on the record, the loan amount of Rs. 5,54,000/- has been credited back to the account of the informant's company and and only two instalments of Rs. 19,000/- each, deposited by the informant towards the sanctioned loan, had been deducted towards the two months' instalments falling due. 7. Taking note of the entire factual circumstances of the case, in the prima facie opinion of the Court, no offence is made out against the applicant. 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 Dheeraj Kumar 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; NABAIL No. 9268 of 2026 2 iii. that the applicant shall not leave India without the previous permission of the Court; 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 23, 2026 S.A. NABAIL No. 9268 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad