Allahabad High Court
KISHUNDEV PANDEYversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The court granted anticipatory bail to the applicant, subject to specified conditions.
Summary
Kishundev Pandey, a Gram Panchayat Vikas Adhikari, applied for anticipatory bail in a case (Crime No. 11 of 2019) alleging offences under several IPC sections and Section 13(2) of the Prevention of Corruption Act, stemming from a 2019 FIR concerning alleged misconduct in a road construction project from 2004‑05. The applicant asserted he had no prior criminal record, claimed innocence, and argued that the allegations were false and arose from a private dispute. The Additional Government Advocate opposed the bail but did not present any material suggesting a risk of flight, evidence tampering, or societal harm. The court noted that bail's purpose is to ensure the accused's attendance, and found no prima facie case, no danger to the investigation, and no criminal antecedents. Consequently, the court granted anticipatory bail with a personal bond of Rs.25,000 and a set of conditions to ensure cooperation with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the applicant under the circumstances of the case.
Legislation cited
- Indian Penal Code — s. 120B, 34, 409, 420, 467, 468, 471, 477A
- Prevention of Corruption Act — s. 13(2)
Subjects
- anticipatory bail
- criminal procedure
- Indian Penal Code
- Prevention of Corruption Act
- bail conditions
- no prior criminal record
- investigation cooperation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 3987 of 2026
Kishundev Pandey
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anoop Bhaiya Lal Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 73
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the applicant as well as learned AGA and
perused the material available on record.
2. The present Anticipatory Bail Application has been filed with the
prayer to grant anticipatory bail to the applicant - Kishundev Pandey in
Case Crime No. 11 of 2019 under Sections 409, 420, 467, 468, 471,
477A, 120B, 34 I.P.C. & Section 13(2) Prevention of Corruption Act,
Police Station - Varanasi Sector (E.O.W.), District - Varanasi.
3. It is submitted by learned counsel for the applicant that applicant was
working as Incharge of the Gram Panchayat Vikas Adhikari, Vikas Khand
Shahganj, District Jaunpur and it has been found that in respect of the
road being constructed muster roll has been prepared. Learned counsel for
the applicant further submits that statement of the workers have been
recorded and they have accepted that road were prepared by them. It is
further submitted that First Information Report was lodged in the year
2019 in respect of offence in the year 2004-05. Applicant has no previous
criminal history. It is further submitted by learned counsel for applicant
that applicant is innocent and has no concern with the present matter.
Allegations levelled against the applicant are false. No prima facie case is
made out against the applicant. If the applicant is enlarged on anticipatory
bail, he will not misuse the liberty and cooperate with the investigation.
The applicant has apprehension of his arrest by the police any time.
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4. Learned A.G.A. opposed the prayer but does not dispute the factual
matrix.
5. It is not shown by learned AGA that the offence in question will have
impact on society at large. It is not shown that act causes harm to the
society. The accusations arise out of dispute between individuals. It is not
shown by learned AGA that the nature and gravity of allegations are such
that the same would disentitle the applicant for relief of anticipatory bail.
Learned AGA has not raised concern that any prejudice would be caused
to free, fair and full investigation in the event the applicant is granted
anticipatory bail. No material, facts, circumstances or concern been
shown by learned AGA for the State that the accused may tamper with the
evidence or witnesses or accused is of such character that his mere
presence at large would intimidate the witnesses or that accused will use
his liberty to subvert justice or tamper with the evidence.
6. Learned Counsel for opposite parties has not placed any criminal
antecedents of the applicant. The applicant has no criminal history.
7. It is settled principle of law that the object of bail is to secure the
attendance of the accused. No material particulars or circumstances
suggestive of the applicant fleeing from justice or thwarting the course of
justice or creating other troubles in the shape of repeating offences or
intimidating witnesses and the like have been shown by learned AGA for
the State.
8. In view of the above, the applicant is granted anticipatory bail in
respect of offence described in para 2 of the present order. In the event of
arrest of the applicant, he shall be released on anticipatory bail on his
furnishing a personal bond of Rs.25,000/- with two sureties each in the
like amount to the satisfaction of the court concerned with the following
conditions:-
(i) The applicant shall make himself available for interrogation by a
police office as and when required.
(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
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3
to dissuade him from disclosing such facts to the Court or to any police
office.
(iii) The applicant shall not leave India without the previous permission of
the Court concerned.
(iv) In the event, the applicant changes residential address, the applicant
shall inform the court concerned/Investigating Officer about new
residential address in writing.
(v) The applicant shall cooperate with the investigation and make himself
available for interrogation whenever required.
(vi) The applicant shall not obstruct or hamper the police investigation
and not to play mischief with the evidence collected or yet to be collected
by the police.
(vii) The applicant shall maintain law and order.
(viii) The applicant shall at the time of execution of the bond, furnish his
address and mobile number to investigating officer, and the court
concerned.
(ix) The applicant shall regularly remain present during the trial, and
cooperate with the Court to complete the trial for the above offences.
(x) Non presence of the applicant or his counsel before the court
concerned shall be construed as violation of the present order and the
court concerned would be at liberty to take coercive measures in
accordance with law.
9. In case of default of any of the conditions, the Investigating Officer
shall be at liberty to file appropriate application for cancellation of
protection granted to the applicant.
10. With the directions made above, the anticipatory bail application
stands allowed.
(Vikram D. Chauhan,J.)
May 6, 2026
VMA
Digitally signed by :-
VISHWA MOHAN ARORA
High Court of Judicature at Allahabad
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