Kamta Prasad Vs State of U.P.

Neutral Citation No. - 2025:AHC:146077

Court No. - 82

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1178 of 2025

Applicant :- Kamta Prasad Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Singh,Yogendra Yadav Counsel for Opposite Party :- G.A.

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With

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13220 of 2023

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Applicant :- Ram Saware Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Both the aforesaid anticipatory bail applications arise from the same FIR, therefore, both the anticipatory bail applications are being disposed of by a common order.

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Heard Sri Yogendra Yadav, learned counsel for the applicant - Kamta Prasad, Sri Jitendra Kumar Singh, learned counsel for the applicant - Ram Saware Chaudhary and Sri Ashutosh Singh, learned A.G.A. for the Staterespondent.

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The present anticipatory bail applications have been filed on behalf of the applicants in Case Crime No.2084 of 2007, under Sections 409, 120-B IPC and Sections 13(1)(c)(2) P. C. Act, 1988, Police Station Kotwali, District Deoria, with a prayer to enlarge them on anticipatory bail till conclusion of trial.

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Learned counsel for the applicants submit that applicants were not named in the FIR but during investigation, on the basis of false allegations, they have been made accused in the present matter.

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NABAIL No. 1178 of 2025

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They further submit that after considering the facts of the case, applicants Kamta Prasad and Ram Saware Chaudhary both have been enlarged on interim anticipatory bail vide orders dated 24.02.2025 and 09.08.2024, respectively and there is no allegation that they misused the liberty granted to them and therefore, interim anticipatory bail earlier granted to them may be confirmed.

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They further submit that applicants are having no criminal history to their credit.

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Per contra, learned A.G.A. however, opposed the prayer for anticipatory bail but could not dispute the arguments on facts advanced by learned counsel for the that applicants.

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I have heard both the parties and perused the record of the case.

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However, both the applicants are public servant and as per allegations, they misappropriated the government fund but it reflects, they were not named in the FIR and during investigation, they have been made accused in the present matter.

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Record further suggests that named co-accused Hari Shankar Tiwari has already been released on anticipatory bail by this Court vide order dated 08.07.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 482 B.N.S.S. No.4727 of 2025.

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Further, record also suggests that during investigation, applicants were protected by this Court till submission of the police report under Section 173(2) Cr.P.C..

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Further, it also reflects that applicants Kamta Prasad and Ram Saware Chaudhary both have been enlarged on interim anticipatory bail vide orders dated 24.02.2025 and 09.08.2024, respectively and there is no allegation that they misused the liberty granted to them.

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Further, applicants are having no criminal history to their credit.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, interim anticipatory bail granted to the applicants vide

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NABAIL No. 1178 of 2025

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orders dated 24.02.2025 and 09.08.2024 may be confirmed and are hereby confirmed. Applicants shall remain on anticipatory bail till conclusion of the trial on the same condition as earlier imposed by this Court while enlarging them on interim anticipatory bail vide orders dated 24.02.2025 and 09.08.2024.

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The instant anticipatory bail applications filed on behalf of the applicants

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Kamta Prasad and Ram Saware Chaudhary stand allowed .

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Order Date :- 23.8.2025 Zafar

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Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad

Kamta Prasad v. State of U.P.

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