Allahabad High Court
Vinod Kumar vs State Of U.P. Thru. Prin. Secy. Home Lko. on 31 July, 2025
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:44487
Court No. - 14
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 843 of 2025
Applicant :- Vinod Kumar
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
Counsel for Applicant :- Narayan Datt Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The present anticipatory bail application has been filed by the applicant apprehending his arrest in Case Crime No. 0294 of 2023 U/s- 409 IPC P.S.-Mankapur, District Gonda.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is alleged in the prosecution case that the applicant, who was serving as the Gram Pradhan, in conspiracy with Ganesh Pratap Singh (Assistant Gram Panchayat Adhikari) and other co-accused individuals, misappropriated government funds amounting to ?1,03,566/-.
Learned counsel for the applicant submits that co-accused Dinesh Nishad and Abhishek, who were assigned similar roles, have been granted anticipatory bail by a Coordinate Bench of this Court vide orders dated 12.03.2025, passed in Criminal Misc. Bail Application Nos. 160 of 2025 and 161 of 2025. It is further submitted that the applicant fully cooperated during the investigation and undertakes to cooperate during the trial.
Learned A.G.A. has opposed the anticipatory bail application.
Perused the record.
A perusal of the bail orders of the co-accused reveals that, although allegations of embezzlement of public funds were made, the report of the Executive Engineer, indicating that the work was executed with proper quality, was duly considered while granting them anticipatory bail. In the present matter, the charge sheet has already been filed, and the applicant has extended full cooperation during the course of investigation.
Considering the above facts, including that the offences are triable by a Magistrate and co-accused persons have already been granted anticipatory bail, this Court is of the considered view that the applicant also deserves the benefit of anticipatory bail, particularly in light of the judgment of the Hon?ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his continued cooperation during the trial.
In view of the above, the accused-applicant is directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on anticipatory bail, subject to his furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:-
(i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence;
(ii) The applicant shall not travel outside India without prior permission from the Court;
(iii) The applicant shall not attempt to influence or intimidate any prosecution witness;
(iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance;
(v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant;
Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.
It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.
In view of the aforesaid, the application is allowed.
Order Date :- 31.7.2025
R.C.
