ATUL KUMAR SINGHversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD

 CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482
                  BNSS No. - 3434 of 2026

Atul Kumar Singh
                                                              .....Applicant(s)
                                   Versus
State of U.P.
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)      : Ajay Kumar Pandey, Ashutosh Singh,
                                Raghuvansh Misra
Counsel for Opposite Party(s) : G.A.

Court No. - 73
                 HON'BLE VIKRAM D. CHAUHAN, J.

1. Heard learned counsel for applicant and learned AGA for the State.

2. The present Anticipatory Bail Application has been filed with the prayer
to grant anticipatory bail to the applicant - Atul Kumar Singh in Case
Crime No. 11 of 2023, under Sections 13(1)(b), 13(2) of Prevention of
Corruption Act, 1988, Police Station Anti Corruption, District Varanasi.

3. It is submitted by learned counsel for applicant that applicant has been
prosecuted under the Prevention of Corruption Act on the ground of a
massing wealth disproportionate to his known source of income. The
disproportionate income is to the tune of Rs.73,44,894/-. It is submitted that
applicant was not arrested during investigation and the charge sheet has now
been submitted and summoning order has been issued. Learned counsel for
applicant submits that the Hon'ble Supreme Court in Petition for Special
Leave to Appeal (Crl.) No17034 of 2024 (Avdhesh Narayan Singh Vs.
The State of Uttar Pradesh) by order dated 9.12.2024 and in Petition for
Special Leave to Appeal (Crl.) No.18081 of 2024 (Musheer Alam Vs. The
State of Uttar Pradesh and another) by order dated 17.1.2025, has
directed the accused to be released on bail on furnishing bail bonds as the
investigation is over and there is no point in making a formal arrest and the
accused should be asked to appear before the court concerned. Learned
counsel for applicant further submits that applicant is ready to appear before
the court concerned and furnish bail bonds.
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4. Learned AGA could not dispute the law laid down by the Hon'ble
Supreme Court.

5. The order dated 9.12.2024 passed by the Hon'ble Supreme Court in
Avdhesh Narayan Singh (supra) is quoted hereunder:-

    "1. The petitioner – herein prayed for anticipatory bail before the High
    Court in connection with First Information Report No.0003 of 2021 dated
    4-8-2021 registered with the Police Station Varanasi- Sector (Vigilance
    Act), U.P. for the offence punishable under Section 13 (1) (e) read with
    Section 13 (2) of the Prevention of Corruption Act, 1988 (for short, "the
    1988 Act").

    2. It appears from the materials on record that the FIR lodged against the
    petitioner, being a public servant, has something to do with a
    departmental inquiry for the period between 1-1-2007 and 31-12-2011.

    3. It is the case of the prosecution that the petitioner – herein was found
    to be in possession of assets disproportionate to the known sources of his
    income.

    4. What is important to note is that the investigation was completed
    without arresting the petitioner – herein and charge-sheet came to be
    filed before the Special Court on 5-9-2024.

    5. The petitioner as on date is 70 years old. Many times in this type of
    prosecution, the investigating agency may not arrest the accused but once
    the charge-sheet is filed, the trial court would ask the accused to furnish
    bail to its satisfaction.

    6. Since the High Court declined to grant the relief of anticipatory bail,
    the petitioner is here before this Court.

    7. We dispose of this Special Leave Petition directing the petitioner –
    herein to furnish bail to the concerned Special Court, who is going to try
    him for the alleged offence subject to its satisfaction.

    8. If there are any bailable warrants issued against the petitioner, the
    same stand cancelled.

    9. The Special Court shall now act accordingly and pass a formal order
    of release of the petitioner on bail on his furnishing bail bonds to its
    satisfaction,

    10. Pending applications, if any, also stand disposed of."
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6. The order dated 17.1.2025 passed by the Hon'ble Supreme Court in
Musheer Alam (supra) is quoted hereunder:-

    "1. The petitioner herein has been denied anticipatory bail by the High
    Court of Judicature at Allahabad in connection with case Crime
    No.320/2020, which has now with the filing of the charge sheet
    culminated in Sessions Case No. 941/2024 for the offence punishable
    under Sections 13(1) (e) read with 13(2) of the Prevention of Corruption
    Act, 1988 (for short "the Act, 1988").

    2. It appears from the materials on record that a First Information Report
    came to be lodged at the Kotwali Police Station, district Barabanki for
    the offence enumerated above. It is the case of the prosecution that the
    check period between 2002 and 31-5-2009 revealed that the petitioner
    herein had assets disproportionate to the tune of Rs.1,50,41,908/- to the
    known sources of his income.

    3. In such circumstances, the Anti Corruption Department, Ayodhya,
    Faizabad, U.P. decided to proceed against the petitioner.

    4. We have heard Mr. Sanjay Mani Tripathi, the learned counsel
    appearing for the petitioner and Mr. Akshat Tiwari, learned counsel
    appearing for the State.

    5. We take notice of the fact that the investigation is over and charge-
    sheet has been filed in the CBI Court at Gorakhpur.

    6. While the investigation was in progress, the Investigating Officer did
    not deem fit to arrest the petitioner herein.

    7. The CBI Court has taken cognizance and has issued summons to the
    petitioner herein to appear.

    8. The learned counsel appearing for the petitioner would submit that
    there is a practice in the State of Uttar Pradesh that arrest is effected
    after the charge-sheet is filed and the Court takes cognizance of the
    charge-sheet. We do not propose to say anything as regards in this
    unusual practice except that it makes no sense.

    9. We are of the view that once the investigation is over and charge-sheet
    is filed then the accused should be asked to appear before the Court
    concerned and should furnish bail to the satisfaction of the trial court.

    10. If at all, the Investigating Officer wanted to interrogate the petitioner,
    he could have arrested him during the course of the investigation itself.
    Now there is no point in making a formal arrest.
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                                         11. In such circumstances, referred to above, we order that the petitioner
                                         herein shall appear before the CBI Court, Gorakhpur and furnish bail to
                                         the satisfaction of the Court.

                                         12. With the aforesaid, this petition stands disposed of.

                                         13. Pending application(s), if any, stands dispose of."

                                    7. In view of law laid down by the Hon'ble Supreme Court in Avdhesh
                                    Narayan Singh (supra) and Musheer Alam (supra), it is hereby directed
                                    that applicant shall appear before the trial court within 30 days from today
                                    and shall submit his bail bonds. The court concerned shall thereafter proceed
                                    to accept the bail bonds to their satisfaction in compliance of order of
                                    Hon'ble the Supreme Court in Avdhesh Narayan Singh (supra) and
                                    Musheer Alam (supra).

                                    8. With the aforesaid observation/direction, the petition stands disposed of.

                                    May 7, 2026
                                    D. Tamang
                                                                                              (Vikram D. Chauhan,J.)




Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad