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Allahabad High Court

RAMNARESH SAHUversusSTATE OF U.P.

Decided

Holding

The Court allowed the anticipatory bail application, enlarging it till the filing of the police report under Section 193(3) of the BNSS, subject to conditions.

Summary

The High Court considered an anticipatory bail application filed by Ramnaresh Sahu, an agent of Loni Urban Multi State Credit and Thrift Cooperative Society, in a case involving alleged default on fixed and recurring deposits. The applicant argued that he was not named in the FIR, was already on bail in other related cases, and that his liability was limited to his role as an agent, not as a director. The State opposed, alleging his involvement in an organized crime syndicate and duping depositors. The Court noted that the FIR did not name the applicant, that he was merely an agent, and that similar co‑accused had been granted anticipatory bail. Relying on the inherent powers under Section 482 of the BNSS, the Court enlarged the applicant’s anticipatory bail until the filing of the police report under Section 193(3), subject to standard bail conditions.

Issues considered

  • Whether anticipatory bail can be granted to a person not named in the FIR but implicated as an agent of a cooperative society.
  • Whether prior bail in other cases and similarity to a co‑accused who received anticipatory bail justify granting bail in the present case.
  • Whether allegations of involvement in an organized crime syndicate preclude the grant of anticipatory bail.
  • Whether the Court may exercise its inherent powers under Section 482 BNSS to enlarge anticipatory bail until filing of a police report under Section 193(3).

Legislation cited

  • Banking and Non‑Banking Services Act, 2023 — s. 111, 173(4), 193(3), 318, 336(3), 340, 351(3), 352, 482, 61(2)

Subjects

  • anticipatory bail
  • Section 482
  • BNSS 2023
  • cooperative society
  • agent liability
  • organized crime syndicate
  • bail conditions
  • FIR

Judgment

                HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 2113 of 2026

Ramnaresh Sahu
                                                                        .....Applicant(s)
                                           Versus
State of U.P.
                                                                   .....Opposite Party(s)

Counsel for Applicant(s)                               :   Ashwini Kumar Ojha
Counsel for Opposite Party(s)                          :   G.A.

Court No. - 71
                      HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Learned counsel for the applicant; and learned A.G.A. for the State are present.

2. The present anticipatory bail application has been filed on behalf of the applicant in
Case Crime No. 0006 of 2026, under Sections 111, 318, 61(2), 352, 351(3), 336(3),
340 of the B.N.S., 2023, Police Station - Talbehat, District Lalitpur, with a prayer to
enlarge him on anticipatory bail, during pendency of the investigation/trial.

3. The learned counsel for the applicant states that the applicant has been falsely
implicated in the present case. He seeks anticipatory bail on the following grounds :-

i. The applicant is an agent of Loni Urban Multi State Credit and Thrift Cooperative
Society (hereinafter referred to as "LUCC").

ii. The applicant has not been named in the First Information Report (FIR).

iii. The applicant has been implicated in various cases in the States of Uttar Pradesh
on account of LUCC defaulting in payment of the maturity amounts.

iv. The applicant is on bail in all the other cases.

v. LUCC is undergoing proceeding of winding up and, once a liquidator has been
appointed, any person having a grievance against the Company or seeking any dues
from the Company may approach the liquidator.

vi. The applicant cannot be held responsible if the Company refuses or is unable to
pay the maturity amount.

vii. The applicant has been implicated in 14 criminal cases in State of Uttar Pradesh
and, in all the said cases, the applicant is on bail except in the present case.

viii. Similarly situated co-accused Alok Jain Urf Alok Kumar Jain, who was an agent
of LUCC, has also been granted anticipatory bail by this Court vide its order dated
                                                               NABAIL No. 2113 of 2026
                                     2

16.03.2026 passed in CRIMINAL MISC. ANTICIPATORY BAIL
APPLICATION U/S 482 BNSS No. - 2490 of 2026 (Alok Jain Urf Alok Kumar
Jain Vs. State of U.P. and Another).


4. Learned A.G.A. has opposed the prayer for grant of anticipatory bail and submitted
that the applicant is a member of an organized crime syndicate. He further submitted
that the applicant has duped depositors of billions of rupees; therefore, no indulgence
may be granted to him. However, he does not dispute the explanation given by the
applicant with respect to the criminal history.


5. I have considered the submissions made by the learned counsel for the parties.

6. The applicant is stated to be an agent of LUCC. The crux of the allegations, as
reflected in the FIR, which has been lodged on the basis of an application under
Section 173(4) of the B.N.S.S. against one Deepak and 8-10 unknown persons, is that
certain amounts were deposited by the informant and his wife with the LUCC as fixed
deposits and recurring deposits. However, despite the maturity date of the recurring
deposits and fixed deposits being in the year 2024, said amounts were not repaid. The
applicant is neither the Director of the Company nor is he stated to be in charge of the
affairs of the Company. Similarly situated co-accused Alok Jain Urf Alok Kumar Jain,
who was an agent of LUCC, has also been granted anticipatory bail by this Court vide
its order dated 16.03.2026 passed in CRIMINAL MISC. ANTICIPATORY BAIL
APPLICATION U/S 482 BNSS No. - 2490 of 2026 (Alok Jain Urf Alok Kumar
Jain Vs. State of U.P. and Another).

7. As stated above, the applicant was not named in the FIR and is merely an agent. He
is on bail in all the cases except the present case. No allegation of misuse of the
conditions of bail imposed upon the applicant have been made by the learned A.G.A.

8. Taking into account all the relevant facts and circumstances of the case, as
discussed above, I deem it appropriate to enlarge the applicant on anticipatory bail till
filing of police report under Section 193(3) of the B.N.S.S.


9. The anticipatory bail application of the applicant is allowed.

10. In the event of the arrest of the applicant- Ramnaresh Sahu, involved in the
aforesaid case crime, he shall be released on anticipatory bail, till filing of the police
report under Section 193(3) of the B.N.S.S., on his furnishing a personal bond and two
sureties each in the like amount to the satisfaction of the Station House Officer of the
police station/Court concerned, with the following conditions:-

i. the applicant shall make himself available for interrogation by a police officer as and
when required;
                                                                                                   NABAIL No. 2113 of 2026
                                                                         3

                                    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;

                                    iii. that the applicant shall not leave India without the previous permission of the
                                    Court;

                                    iv. that the applicant shall not pressurize/intimidate the prosecution witness;

                                    11. In case of breach of any of the above conditions, the Court concerned shall be at
                                    liberty to cancel the bail.

                                    12. It is made clear that observations made hereinabove are exclusively for deciding
                                    the instant anticipatory bail application and are not to be considered to be an opinion
                                    on the merits of the case.



                                    March 19, 2026
                                    Sachin
                                                                                                  (Rajiv Lochan Shukla,J.)




Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad


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