Allahabad High Court
Arvind Kumar Nahar vs State Of U.P. Thru. Prin. Secy. Home ... on 13 October, 2025
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2025:AHC-LKO:63470
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 710 of 2025
Arvind Kumar Nahar
.....Applicant(s)
Versus
State Of U.P. Thru. Prin. Secy. Home Deptt. And Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Shiv S.E. Chitambar
Counsel for Opposite Party(s)
:
G.A.
Court No. - 15
HON'BLE KARUNESH SINGH PAWAR, J.
The present bail application has been filed by the applicant apprehending his arrest in F.I.R./Case Crime No. 431 of 2022, under sections- 7/13 Prevention of corruption Act P.S.- Kotwali Nagar District - Mahoba.
Heard learned counsel for the applicant and learned A.G.A. for the State
The coordinate Bench of this Court while granting interim protection to the applicant vide order dated 25.06.2025 has passed the following order:-
"1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 431 of 2022, under sections- 7/13 Prevention of corruption Act P.S.- Kotwali Nagar District - Mahoba.
The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant is Junior Engineer and he is not named in the first information report and his name is implicated during course of investigation only on the basis of suspicion. He submits that there is no cogent piece of evidence against the applicant though, without collecting the same, the chargesheet has been filed therefore, there is no possibility that the applicant would tamper the evidence or would threaten the witnesses. He further submitted that the main allegation is against one Pancham Singh, the Village Pradhan who has already been enlarged on anticipatory bail in Criminal Misc. Anticipatory Bail Application No. 618 of 2023. He also submits that the applicant is a public servant and there is no possibility that he will flee away from the trial proceedings. Adding his arguments, he submits that the applicant has no previous criminal history as is mentioned in paragraph 23 of the bail application and his conduct was above-board during his service period and no further custodial interrogation is required in this matter coupled with the fact that the applicant has undertaken that he will always remain present before the trial court as and when required thus, submission is that the applicant may be granted anticipatory bail.
On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is involved in committed offence, as such, he is not entitled to be released on anticipatory bail.
Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Arvind Kumar Nahar shall be released forthwith, in case of his arrest in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) that 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 or tamper with the evidence;
(iii) that the applicant shall not leave India without the previous permission of the court;
(iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial;
(v) that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.
Let notice be issued to opposite party no. 2, returnable at an early date.
Steps be taken within a week.
If steps are taken, office shall proceed accordingly.
List/put up this matter in third week of August, 2025.
In the meantime, the State as well as opposite party no. 2 may file their counter affidavits."Learned counsel for the applicant submits that charge sheet in the matter has been filed. The applicant has cooperated in the investigation and further undertakes to cooperate in the trial. It is further submitted that co-accused Pancham Singh and Parmeshwari Dayal Pateriya have been granted anticipatory bail by the coordinate Benches of this Court. He seeks parity with the bail orders of above mentioned co-accused persons.
Learned A.G.A. has opposed the bail application, however, could not dispute the fact that he has not misused the liberty granted by this Court.
On due consideration to the facts that charge sheet has been filed; co-accused Pancham Singh and Parmeshwari Dayal Pateriya have been granted anticipatory bail; he has cooperated in the investigation and further undertakes to cooperate in the trial, this Court is of the considered opinion that the applicants are entitled to be granted anticipatory bail, in view 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 their cooperation in the trial.
In view of the above, since, charge-sheet in the matter has been filed, if the applicant is summoned to face trial for offence in question, he shall be released on bail by the trial court on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned with the following conditions:-
(i) 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 tamper with the evidence;
(ii) The applicant shall not leave India without the previous permission of the court;
(iii)The applicant shall not pressurize/ intimidate the prosecution witness;
(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;
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.
(Karunesh Singh Pawar,J.)
October 13, 2025
R.C.
