DEVENDRA @ BABLOOversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD

 CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482
                  BNSS No. - 1424 of 2026

Devendra @ Babloo
                                                               .....Applicant(s)
                                    Versus
State of U.P.
                                                                   .....Opposite
                                                                         Party(s)

Counsel for Applicant(s)         : Akhilesh Kumar Mishra, Rishabh Tiwari
Counsel for Opposite Party(s)    : G.A.

Court No. - 72
                HON'BLE JITENDRA KUMAR SINHA, J.

1. Supplementary affidavit filed on behalf of the applicant is taken on record.

2. Heard Shri Rishabh Tiwari, learned counsel for the applicant, Shri B.P.
Maurya, learned A.G.A. for the State and perused the record.

3. The present application has been moved seeking anticipatory bail in
Complaint Case No.400062 2024, under Sections 420, 406 of I.P.C., Police
Station Sherkot, District Bijnor, with the prayer that in the event of arrest,
applicant may be released on bail.

4. It has been argued by the learned counsel for the applicant that applicant
is innocent and he has been falsely implicated in this case. It is further
submitted that the applicant has been summoned to face trial for the offences
under Sections 420 and 406 of I.P.C. in a compliant case. It is further
submitted the offences under Sections 406 and 420 of I.P.C. cannot stand
together as per law laid-down in the case of Delhi Race Club (1940) Ltd.
and Others Vs. State of Uttar Pradesh and Another, 2024 SCC OnLine
SC 2248 and the applicant is ready and willing to cooperate in the trial. It is
further submitted that as per allegations in the complaint, the applicant is
said to have committed criminal breach of trust of Rs.1,60,000/-, however,
no date of incident has been mentioned in the complaint. It is also submitted
that the applicant is having no criminal history. It was also submitted that
applicant undertakes to co-operate during trial and he would appear as and
when required by the investigating agency or Court. It has been stated that in
case, applicant is granted anticipatory bail, he shall not misuse the liberty of
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bail and will co-operate with the investigation and would obey all conditions
of bail.

5. On the other hand, learned AGA has also opposed the application for
anticipatory bail.

6. Applicant has been summoned to face trial for the offences under Sections
420 and 406 of I.P.C. in a compliant case. It is further submitted the offences
under Sections 406 and 420 of I.P.C. cannot stand together as per law laid-
down in the case of Delhi Race Club (1940) Ltd. and Others Vs. State of
Uttar Pradesh and Another, 2024 SCC OnLine SC 2248. As per
allegations in the complaint, the applicant is said to have committed criminal
breach of trust of Rs.1,60,000/-, however, no date of incident has been
mentioned in the complaint and the applicant is ready and willing to
cooperate in the trial. It is also submitted that the applicant is having no
criminal history

7. It may be stated that in case of Siddharam Satlingappa Mhetre v. State
of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme
Court that while deciding anticipatory bail, Court must consider nature and
gravity of accusation, antecedent of accused, possibility of accused to flee
from justice and that Court must evaluate entire available material against
the accused carefully and that the exact role of the accused has also to be
taken into consideration.

8. In the instant case, considering the settled principle of law regarding
anticipatory bail, submissions of the learned counsel for the parties, role of
applicant and all attending facts and circumstances of the case, without
expressing any opinion on merits, a case for anticipatory bail is made out.

9. The anticipatory bail application is allowed.

10. In the event of arrest of the applicant- Devendra @ Babloo involved in
the aforesaid case crime shall be released on anticipatory bail on his
furnishing a personal bond of Rs. 50,000/- with two sureties each in the like
amount to the satisfaction of the Court concerned, with the following
conditions :-

(i) The applicant shall not tamper with evidence and that he would appear
before the trial Court on the date fixed unless exempted by the Court
concerned;
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                                                                    3


                                    (ii) 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/her/them from disclosing such facts to the Court or to any
                                    police officer;

                                    (iii) The applicant would co-operate during trial and would not misuse the
                                    liberty of bail.

                                    (iv) The applicant shall not leave India without prior permission of the Court
                                    concerned.

                                    11. In default of any of the conditions, the prosecution shall be at liberty to
                                    file appropriate application for cancellation of anticipatory bail granted to
                                    the applicant.

                                    March 19, 2026
                                    RKM
                                                                                     (Jitendra Kumar Sinha,J.)




Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad