Allahabad High Court
Alok Singh @ Alok Pratap Singh vs State Of U.P. Thru. Addl. Chief Secy. ... on 11 July, 2025
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:39744
Court No. - 14
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 524 of 2025
Applicant :- Alok Singh @ Alok Pratap Singh
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko.
Counsel for Applicant :- Shikha Srivastava,Pallavi Singh,Suneel Kumar Singh Kalhans,Yogesh Kumar
Counsel for Opposite Party :- G.A.,Himanshu Kumar Trivedi,Shivam Verma
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant.
The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in Case Crime No. 40 of 2023 under Sections 406, 419, 420, 467, 468, 471 IPC, P.S. Kursi, District Barabanki.
The Co-ordinate Bench of this Court vide order dated 14.5.2025 has passed the following order:-
"1. Heard learned counsel for applicant and learned A.G.A. for State-opposite party no.1.
2. Learned counsel for applicant is granted liberty to implead the informant as opposite party No.2 and to re-number the opposite parties during course of day.
3. Issue notice to newly impleaded opposite party no. 2.
4. First anticipatory bail application has been filed with regard to Case Crime No. 40 of 2023 under Sections 406, 419, 420, 467, 468, 471 IPC, P.S. Kursi, District Barabanki.
5. As per contents of F.I.R., the co-accused Mohan Vishwakarma is said to have deceived the informant on the pretext of purchase of Creta car bearing Registration No. U.P. 32 GT 8924 which belonged to the informant. It is alleged that despite taking possession of the said vehicle, the entire sale consideration was not paid to informant. Applicant's name has been nominated as an accomplice of the said Mohan Vishwakarma.
6. It is submitted that applicant has been falsely implicated in allegations levelled against him which would be evident from the fact that although he is nominated in the FIR but there is no specific allegation levelled against him with regard to the deceiving the informant. It is submitted that charge-sheet has not yet been filed and applicant is co-operating in the investigation.
7. Learned A.G.A. has opposed bail application but does not dispute the said facts. However, he submits that applicant is not co-operating in the investigation due to which non-bailable warrant has been issued. It is, however, admitted that applicant does not have any previous criminal history.
8. Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial, it appears that entire gist of allegation of having deceived the informant has been indicated against co-accused Mohan Vishwakarma with applicant only being indicated as his accomplice. It is admitted that applicant does not have any previous criminal history and investigation is yet ongoing. It has been submitted by learned counsel for applicant that he was not aware with regard to any process being issued against him.
9. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it to be a fit case of interim anticipatory bail.
10. Let the accused-applicant Alok Singh @ Alok Pratap Singh as an interim measure be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
11. In the event of arrest, the accused-applicant shall be released forthwith in the aforesaid case crime on bail furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:-
(i) That the accused-applicant shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.
(ii) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection.
12. List this case on 03.06.2025, as fresh along with service report.
13. Objections may be filed in the meantime.
14. Applicant is directed to appear before the Investigating Officer concerned on 19.05.2025 at 02:00 PM.
15. Learned AGA shall obtain instructions by next date of listing with regard to co-operation for applicant during investigation. "
It is not disputed at the bar that the applicant has duly cooperated in the investigation. He has filed the bonds in terms of the order dated 14.5.2025. Charge-sheet in the case has been filed. He has not misused the liberty of interim anticipatory bail granted by this Court. He undertakes to cooperate in the trial andin case, he is enlarged on anticipatory bail, he shall not misuse the liberty of same.
Without expressing any opinion on the merits of the case and considering the nature of accusation so also the fact that charge-sheet in the case has already been filed, the applicant has not misused the liberty of interim anticipatory bail granted by a coordinate bench of this Court coupled with the undertaking given by the applicant that he will cooperate in the trial, the interim protection granted by this Court vide order dated 14.05.2025 is made absolute in view of the judgement of the Apex Court in re:Musheer Alam vs. State of U.P. and another, decided on 17.01.2025 vide S.L.P. (Crl.) No. 18081 of 2024.
In view of the aforesaid, the anticipatory bail application isallowed.
Order Date :- 11.7.2025
Shravan
