Ritesh Kumar Mishra @ Ritesh Mishra vs State of U.P… — Cheating and Forgery | Allahabad HC (2026)

Ritesh Kumar Mishra @ Ritesh Mishra vs State of U.P… — Cheating and Forgery | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest, the applicant to be released on furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer, subject to his cooperating in the investigation/trial and not influencing the witnesses; in case of default, the investigating agency/trial court may proceed in accordance with law.

Issue for consideration

Whether anticipatory bail under Section 438 Cr.P.C. should be granted to the applicant in connection with case crime No. 0511 of 2023 under Sections 419, 420, 467, 468, 471 IPC, P.S. Kotwali Nagar, district Gonda.

Court's answer

Without entering into the merits, considering that the applicant has no criminal history, the earlier Division Bench order granting stay of arrest, that the offence is triable by Magistrate, the applicant's undertaking to cooperate in the investigation/trial, and that investigation is ongoing, it would be appropriate to grant protection to the applicant.

Ratio / Principle

In the event of arrest, the applicant shall be released on anticipatory bail on furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer.

Key takeaways

The applicant shall cooperate in the investigation/trial and shall not influence the witnesses.ratio¶19
In case of default of the conditions, it would be open to the investigating agency/trial court to proceed in accordance with law.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail (S. 438 Cr.P.C.) - Granted. Applicant, a court clerk, sought pre-arrest bail in case crime No. 0511 of 2023 u/ss 419, 420, 467, 468, 471 IPC, P.S. Kotwali Nagar, district Gonda, concerning alleged incorrect feeding of a gata number in a mutation case under S. 34 of the U.P. Revenue Code, 2006. Counsel for the applicant contended that the applicant is neither seller, purchaser nor witness, has no criminal history, and that the offences are triable by Magistrate; departmental enquiry instituted by the SDM First, Gonda (SDM Colonelganj as enquiry officer, proceedings initiated 9.9.2022) concluded with a minor punishment of withholding one increment for negligence; an earlier writ, Crl. Misc. W.P. No. 5358 of 2023, had seen a Division Bench stay of arrest (order dated 13.7.2023) before dismissal on a wrong statement made on behalf of the State, and a recall application remains pending before the Division Bench. Learned Addl. Government Advocate opposed but could not dispute the arguments advanced. Held, without entering into the merits, and considering the absence of criminal history, the Division Bench order, the offence being Magistrate-triable, the undertaking to cooperate and the ongoing investigation, protection was warranted: in the event of arrest, the applicant to be released on anticipatory bail on furnishing a personal bond and two sureties of like amount to the satisfaction of the arresting officer, on conditions of cooperation in the investigation/trial and abstention from influencing witnesses, failing which the investigating agency/trial court may proceed in accordance with law. Application allowed.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 196 of 2026

Ritesh Kumar Mishra @ Ritesh Mishra

.....Applicant(s) Versus State Of U.P. Thru. Prin. Secy. (Home) Lko. .....Opposite Party(s) Counsel for Applicant(s) : Ashish Kumar Singh Counsel for Opposite Party(s) : G.A.

Court No. - 15

HON'BLE KARUNESH SINGH PAWAR, J.

1. The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.0511 of 2023 under sections 419, 420, 467, 468, 471 I.P.C., P.S. Kotwali Nagar, district Gonda.

2. Heard learned counsel for the applicant and learned Additional Government Advocate for the State.

3. Learned counsel for the applicant submits that the applicant is neither seller nor purchaser nor a witness. The offences are triable by Magistrate. He has no criminal history. Upon a complaint made by the complainant regarding incorrect feeding of the present applicant, an enquiry was instituted by the SDM First, Gonda and regular disciplinary proceedings have been initiated on 9.9.2022 wherein the SDM, Colonelganj was the enquiry officer. The disciplinary proceeding has been concluded and a minor punishment withholding one increment has been given to the applicant on the charge of negligence.

It is submitted that in the mutation case filed under section 34 of the U.P. Revenue Code, 2006, the applicant being the court clerk has made necessary entries and inadvertently, wrong feeding has been made although in the application as well as in the order, the number of gata No.200 is correct. No offence has been committed by the applicant.

It is next submitted that earlier a Crl. Misc. W.P. No.5358 of 2023 was

ABAIL No. 196 of 2026

2

filed by the applicant wherein a Division Bench of this court vide order dated 13.7.2023 has granted stay of arrest of the applicant, however, on wrong statement made on behalf of the State, the said petition was dismissed. Subsequently, on coming to know that further investigation is going on, an application for recall was filed by the applicant which is pending before the Division Bench of this court.

Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation.

5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel but could not dispute the argument advanced by learned counsel for the applicant.

6. Considering the above aspects of the matter, the fact that the applicant has no criminal history, order passed by the Division Bench, noted above, the offence is triable by Magistrate, the undertaking given on behalf of the applicant that he will cooperate in the investigation/trial, investigation is going on, and without entering into the merit of the case, it would be appropriate to grant protection to the applicant.

7. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer.

8. The applicant shall cooperate in the investigation/trial and he will not influence the witnesses.

In case of default, it would be open for the investigating agency/trial court to proceed in accordance with law.

9. The application is allowed accordingly.

(Karunesh Singh Pawar,J.)

March 10, 2026

kkb/

Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench