Allahabad High Court
Sudeep Kumar Jain vs State Of U.P. Thru. Prin. Secy. Home Lko. on 3 November, 2025
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2025:AHC-LKO:68561
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1210 of 2025
Sudeep Kumar Jain
.....Applicant(s)
Versus
State Of U.P. Thru. Prin. Secy. Home Lko.
.....Opposite Party(s)
Counsel for Applicant(s)
:
Anil Kumar Sharma, Rakesh Kumar Singh
Counsel for Opposite Party(s)
:
G.A.
Court No. - 15
HON'BLE KARUNESH SINGH PAWAR, J.
1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.1362 of 2010 under sections 409, 467, 468, 471 I.P.C., 13(1)D(II) read with 13(2) of Prevention of Corruption Act, P.S. Kotwali Mahoba, district Mahoba.
2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
3.It is alleged in the prosecution case that in district Mahoba, , in the financial year 2004-05 and 2005-06, distribution was made by U.P. State Food & Essential Commodities Corporation as well as by U.P. State Food and Marketing Department. The said goods are alleged to have been transported from Central Godown to State Level Godown by showing that the food-grains were supplied by trucks, however, upon enquiry, it was found that instead of trucks, these were supplied by tractors, scooters etc.
4.Learned counsel for the applicant submits that a preliminary enquiry was conducted prior to lodging of the first information report. The report of the preliminary enquiry was submitted on 29.6.2010 wherein a recommendation was made for conducting departmental proceedings against the applicant. Accordingly, disciplinary proceedings were drawn against the applicant, in which he was exonerated by the Managing Director of U.P. State Food & Essential Commodities Corporation Limited. The report is on record.
It is further submitted that the incident is of 2004-05. the first information report has been lodged after a delay of more than 5 years on 21.8.2010. Charge sheet has been filed after a delay of 20 years on 18.11.2024. The applicant has now retired and presently, he is 68 years of age, having no criminal history.
Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial.
5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel.
6.Considering the above aspects of the matter, perusal of the record, the applicant was not arrested during investigation, the undertaking given on behalf of the applicant that he shall cooperate in the trial, charge sheet was filed after delay of approximately 20 years, he has no criminal history and is aged about 68 years, judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant.
7. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court.
The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed.
8. In case of default, it would be open for the trial court to proceed in accordance with law.
9. The application is allowed accordingly.
(Karunesh Singh Pawar,J.)
November 3, 2025
kkb/
