Vimal Kumar Shukla Vs State of Up

Neutral Citation No. - 2025:AHC:118054

Court No. - 82

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6815 of 2024

Applicant :- Vimal Kumar Shukla Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Dr. S.B. Maurya, learned AGA-I for the State apprised the Court that he has received the instructions, therefore, instant anticipatory bail application may be finally disposed off.

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Heard Sri Amit Kumar Singh, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State.

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The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 66 of 2006, under Sections 409, 420, 467, 468, 471, 201, 218, 120B/34 IPC and Section 13(2) Prevention of Corruption Act, Police Station Bairiya, District Ballia with a prayer to enlarge him on anticipatory bail during trial.

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Learned counsel for the applicant submits, FIR of the present case was lodged in the year 2006 against as many as 74 persons including applicant and as per allegation applicant was Supply Inspector and he along with other accused persons, who were also public servants misappropriated the public fund relates to Sampurna Gramin Rojgar Yogjna but entire allegation leveled against the applicant is totally false.

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He further submits, during investigation when applicant approached this Court to release him on anticipatory bail vide Criminal Misc. Bail Application No. 54494 of 2019 then this Court vide order dated 09.12.2019 enlarged him on anticipatory bail till submission of police report under Section 173(2) Cr.P.C. and order passed by this Court dated 09.12.2019 has been annexed at page43 of the paper-book.

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He further submits, after submission of charge-sheet applicant filed the instant anticipatory bail application and on 15.07.2024 the co-ordinate Bench of this Court passed an order that applicant shall not be arrested in the present matter.

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He further submits, as during investigation as well as even earlier in the matter applicant was protected by this Court, therefore, he should be enlarged on anticipatory bail considering the fact that there is no allegation that applicant misused the earlier orders passed by this Court in his favour.

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He further submits, applicant is not having any criminal history and after submission of the charge-sheet there is no need of custodial interrogation of the applicant.

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He further submits, applicant is having apprehension that if he will appear before the court concerned then he will be sent to jail.

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Per contra, learned AGA opposed the prayer for anticipatory bail but could not dispute the argument on facts advanced by learned counsel for 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 was Supply Inspector and he along with 73 others misappropriated the public fund relating to Sampurna Gramin Rojgar Yojna but it reflects, during investigation applicant was enlarged on anticipatory bail by this Court till submission of police report under Section 173(2) Cr.P.C.

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Further, after submission of the charge-sheet when applicant filed instant anticipatory bail application then this Court protected him vide order dated 15.07.2024 and there is no allegation that applicant misused the liberty granted to him.

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Further, as investigation of the case has already been concluded, therefore, custodial interrogation of the applicant does not appear to be necessary.

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Further, considering the general practice adopted by the courts concerned now a days, the apprehension of arrest raised by the applicant, cannot be ruled out.

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Therefore, considering the facts and circumstances of the case

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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- Vimal Kumar Shukla 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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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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Order Date :- 21.7.2025

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AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Vimal Kumar Shukla v. State of Up

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