Ankur Srivastava @ Ankur Kumar Srivastava Vs State of U.P. Thru. Secy. Deptt. Home Annexe Bhawan Lko. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 825 of 2025

Ankur Srivastava @ Ankur Kumar Srivastava

.....Applicant(s) Versus State Of U.P. Thru. Secy. Deptt. Home Annexe Bhawan Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Chandra Shekhar Sinha, Akshat Sinha, Gaurav Verma Counsel for Opposite Party(s): G.A.

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Court No. - 13

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HON'BLE SUBHASH VIDYARTHI, J.

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Heard Sri Chandra Shekhar Sinha, the learned counsel for the applicant as well as Sri Manish Kumar Pandey, the learned Additional Government Advocate appearing on behalf of the State and perused the records.

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The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.426 of 2024, under Section 409 I.P.C., registered at Police Station Gomti Nagar, District Lucknow.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.09.2024 against (i) Sunil Kumar Pandey working in Kendriya Vidyalay, and (ii) Ashish Srivastava, Managing Director, R.Sons Infraland Developers Pvt. Ltd. stating that co-accused Sunil Kumar Pandey is working in Kendriya Vidyalay and simultaneously he is engaged in the business of sale and purchase of plots along with the other named co-accused person Ashish Srivatava. On the allurement of the named accused persons the complainant had purchased two plots of land and had paid Rs.14,00,000/- as sale consideration. However, possession of the land was not delivered even after six months.

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In the affidavit filed in support of the anticipatory bail-application it

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NABAIL No. 825 of 2025

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has been contended that the applicant is innocent and he has falsely been implicated in the present case because he is also one of the Directors of the company. The applicant's involvement in 62 other criminal cases has been disclosed in para 17 of the affidavit filed in support of the bail application and he has already been granted bail in all the cases.

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The named co-accused person Ashish Srivastava has been granted bail in the present case by means of an order dated 22.05.2025, passed by a coordinate Bench of this court in Criminal Misc. Bail Application No.4329 of 2025.

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The State has filed a counter affidavit annexing therewith the copies of material collected during investigation and a copy of the charge sheet dated 25.05.2025 submitted against the co-accused Ashish Srivastava.

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A rejoinder affidavit has been filed on behalf of the applicant.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. has been filed against two named accused persons and the applicant has neither been named in the F.I.R. nor has any allegation been levelled against him; the allegation levelled in the F.I.R. is regarding purchase of two plots of land and the F.I.R. has been lodged after six years alleging non-delivery of the possession; that although the applicant is not named in the F.I.R. he has been implicated merely because he happened to be a Director of the Company; that the applicant has already been granted bail in 62 other criminal cases, all of which are similar in nature and the named co-accused person has been granted bail and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

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In view of the above, the anticipatory bail application of the applicant is allowed . In the event of arrest/ appearance of applicantAnkur Srivastava @ Ankur Kumar Srivastava before the learned Trial Court in the aforesaid case crime, he shall be released on bail

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NABAIL No. 825 of 2025

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on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

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(i). that the applicant shall make himself available for interrogation by a police officer as and when required;

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(ii) 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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(iii) that the applicant shall not leave India without the previous permission of the court'

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(iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and

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(v). that the applicant shall not pressurize/ intimidate the prosecution witness.

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(Subhash Vidyarthi,J.)

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September 16, 2025 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Ankur Srivastava @ Ankur Kumar Srivastava v. State of U.P. Thru. Secy. Deptt. Home Annexe Bhawan Lko. and Another

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Ankur Srivastava @ Ankur Kumar Srivastava v. State of U.P. Thru. Secy. Deptt. Home Annexe Bhawan Lko. and Another

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