Abhishek Singh Vs State of U.P. Thru. Addl. Secy. Deptt. Home Lko and Another

Neutral Citation No. - 2025:AHC-LKO:39932

Court No. - 30

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 820 of 2025

Applicant :- Abhishek Singh Opposite Party :- State Of U.P. Thru. Addl. Secy. Deptt. Home Lko And Another Counsel for Applicant :- Lakshmana Singh,Rahul Singh Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash Shukla,J.

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Heard learned counsel for applicant and learned A.G.A. appearing on behalf of the State-opposite party.

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In view of order being passed, notice to opposite party no.2 stands dispensed with.

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This is the second anticipatory bail application filed on behalf of the applicant, namely-Abhishek Singh with regard to Case Crime No. 97 of 2025 under Section 316 (5) BNS, 2023 Police Station Gauriganj, District Amethi. The first anticipatory bail application has been rejected by a Coordinate Bench of this Court vide order dated 02.05.2025 passed in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.392 of 2025.

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As per contents of FIR, the applicant who was employed as Block Quality Coordinator in the department concerned was instrumental in fabricating documents which lead to over payment of honorarium to other co-accused who were employed on contractual basis.

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It is submitted that applicant has been falsely implicated in the charges leveled against him and that even otherwise, there is no specific averment with regard to his role in fabricating or forging any documents and, therefore, the aspect of applicability of Section 316 (5) of BNS would only be subject matter of investigation. It is submitted that investigation still ongoing and that the applicant undertakes to cooperate. It is submitted that the applicant has neither been suspended nor any departmental inquiry instituted against him. It is further submitted that co-accused, namely-Manoj Kumar Malviya had already been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 12.05.2025 passed in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.446 of 2025, thus, the present application may also be allowed on the ground of parity.

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Learned A.G.A. appearing on behalf of State has opposed

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bail application with the submission that the applicant being the Block Quality Coordinator, the entire gist of allegations leveled is directly upon him also alongwith other co-accused persons. It is, however, admitted that investigation still on going in which he is not cooperating.

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Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that FIR has been lodged on the basis of a report dated 22.01.2025. However, it also appears that no departmental inquiry has been instituted against applicant. Investigation still on going in which applicant undertakes to cooperate.

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Without expressing any opinion on the merits of the case, I am of the opinion that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 .

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In view of the above, it is provided that in the event of arrest, the applicant- Abhishek Singh shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:-

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