Shashank Pandey vs State Of U.P. Thru. Addl. Chief Secy. ...
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Allahabad High Court

Shashank Pandey vs State Of U.P. Thru. Addl. Chief Secy. ... on 2 September, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW
 
CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 954 of 2025
 
Court No. - 13
 
HON'BLE SUBHASH VIDYARTHI, J.

1. Heard Mr.Shashank Kumar Shukla, the learned counsel appearing on behalf of the applicant as well as Sri Virendra Kumar, the learned A.G.A.-I appearing on behalf of the State.

2. The instant application has been filed by the applicant seeking transit anticipatory bail in F.I.R./Case Crime No.612 of 2022, under Sections 406, 420, 34, I.P.C. and Section 138,Negotiable Instruments Act, 1881 registered at Police Station- Town, District Muzaffarpur, Bihar.

3. The aforesaid case has been registered on the basis of a complaint lodged on 07.06.2022 alleging non-payment of money in furtherance of a commercial transaction.

3. The learned counsel for the applicant has submitted that the applicant wants to wants to participate in the investigation/proceedings of trial, but he has an apprehension that upon going therein he may be arrested.

4. Learned counsel for the applicant has placed reliance on a decision rendered by a Co-ordinate Bench of this Court in Criminal Misc. Anticipatory Bail U/S 438 Cr.P.C. No. - 1669 of 2022 decided on 30.09.2022 wherein after placing reliance on the judgments in the cases of Teesta Atul Setalvad & Anr. Vs. State of Maharashtra & Ors. in Anticipatory Bail Application No.14 of 2014, decided by the Bombay High Court on 31.01.2014 and affirmed by the Hon'ble Supreme Court in SLP No.1770 of 2014 and Nikita Jacob Vs. The State of Maharashtra in Anticipatory Bail Application No.441 of 2021, decided by the Bombay High Court on 17.02.2021, and has submitted that this Court has power to grant transit anticipatory bail to enable the applicant to appear before the competent court in District Alappuzha, Kerala.

5. In the affidavit filed in support of the anticipatory bail application it has been stated that the applicant is innocent having no criminal history and he has been falsely been implicated in the present case.

6. The learned A.G.A. has opposed the prayer for bail, but he could not dispute the proposition of law laid down in the aforesaid cases.

7. Having considered the aforesaid facts and circumstances of the case and keeping in view of the fact that the applicant has no criminal history and he has expressed his willingness to participate in the proceedings of investigation/trial court, I am of the view that the applicant is entitled to be granted transit anticipatory bail to enable him to participate in the investigation/proceedings of trial.

8. In view of the above, the transit / anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant in connection with the aforesaid case crime, he shall be released on transit bail on her furnishing personal bond of Rs.50,000/-.

9. The aforesaid protection is granted for a period of six weeks from the date of this order to enable the applicant to approach the competent Court for seeking appropriate relief.

September 2, 2025

A.Nigam