Shayam Narayan Singh vs State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12420 of 2024

Shayam Narayan Singh

	Versus		.....Applicant(s)
State Of U.P. And Another			.....Opposite Party(s)
Counsel for Applicant(s)	: Gaurav Sharma,	Vijay	Kumar Mishra
Counsel for Opposite Party(s)	: G.A.

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Court No. - 73

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HON'BLE SAMEER JAIN, J.

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Heard Sri Vijay Kumar Mishra, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.48-A of 2006, under Sections 409, 419, 420, 467, 468, 471, 201, 218, 120B, 34 IPC and Section 13(2) P.C. Act, Police Station Gadwar, District Ballia, during pendency of the trial.

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Learned counsel for the applicant submits, applicant was Assistant Block Development Officer and during investigation after 17 years he has been made accused in the present matter. He further submits, FIR of the present case lodged in the year 2006 but till date investigation with regard to the applicant is pending and after 17 years investigating officer started making attempt to arrest the applicant and therefore applicant has to file instant anticipatory bail application. He further submits, after 17 years from the date of FIR, there is no occasion to arrest the applicant.

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He further submits, applicant is not having any criminal history.

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Per contra, learned AGA opposed the prayer for anticipatory bail but could not dispute the arguments advanced on behalf of the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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However, as per allegation, applicant alongwith others misappropriated public funds relating to Sampurna Gramin Rojgar Yojana but it reflects,

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ABAIL No. 12420 of 2024

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2

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FIR of the present case was lodged in the year 2006 and applicant was not named in the FIR and after 17 years i.e. in the year 2023 he has been made accused in the present matter and till date investigation with regard to the applicant is pending. Considering these facts, this Court finds merit in the arguments advanced by the learned counsel for the applicant that after 17 years there is no occasion to arrest the applicant. The apprehension of arrest raised by the applicant cannot be ruled out at this stage.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on anticipatory bail till conclusion of trial.

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Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed.

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In the event of arrest of the applicant- Shayam Narayan Singh involved in the aforesaid case crime number, shall be released on bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions:-

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i. 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;

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ii. that the applicant shall not leave India without previous permission of the court;

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iii. that the applicant shall not tamper with the evidence during the trial;

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iv. that the applicant shall not pressurize/ intimidate the prosecution witness;

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v. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.

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ABAIL No. 12420 of 2024

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It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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(Sameer Jain,J.)

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October 30, 2025 Shahroz

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Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad

Shayam Narayan Singh v. State of U.P. and Another

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Shayam Narayan Singh v. State of U.P. and Another

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