ALIYAR RAMversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 4019 of 2026

Aliyar Ram
                                                             .....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 - Aliyar Ram in Case
Crime No. 08 of 2019, under Sections 409, 420, 467, 468, 471, 477A,
120B, 34 I.P.C. and Section 13(2) Prevention of Corruption Act, Police
Station - Varanasi Sector (E.O.W.), District - Varanasi.

3. It is submitted by learned counsel for applicant that applicant was
Assistant Development Officer and was having work charge of
distribution of food-grains under the fair price shop system. It is
submitted that food-grains have been sold without distributing. Learned
counsel for applicant submits that applicant was supervisory authority and
was not in direct control. It is further submitted that the incident is of the
year 2005 and the First Information Report was lodged in the year 2019,
after a delay of 13 years. 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. It is further
argued that applicant's case is squarely covered under Section 482 BNSS.
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. It is further submitted that criminal history of applicant
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                                    2


has been explained in paragraph 19 of the affidavit.

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 AGA for the State has pointed out the criminal antecedents of
the applicant. No material or circumstance has been brought to the notice
of this Court with regard to tampering of evidence or intimidating of
witness in previous criminal cases.

7. In Ash Mohammad Vs. Shiv Raj Singh, (2012) 9 SCC 446, the Apex
Court in para 30 has observed:-

"We may hasten to add that when we state that the accused is a history-sheeter we
may not be understood to have said that a history-sheeter is never entitled to bail. But,
it is a significant factor to be taken note of regard being had to the nature of crime in
respect of which he has been booked."

8. In the case of Prabhakar Tewari Vs. State of U.P. and another, 2020
(11) SCC 648, the Hon'ble Supreme Court has observed that pendency of
several criminal cases against an accused may itself cannot be a basis for
refusal of bail.

9. In so far as criminal antecedents of the applicant is concerned, it is not
the case of the State that applicant might tamper with or otherwise
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                               3


adversely influence the investigation, or that he might intimidate
witnesses before or during the trial. The State has also not placed any
material that applicant in past attempted to evade the process of law. If the
accused is otherwise found to be entitled to bail, he cannot be denied bail
only on the ground of criminal history, no exceptional circumstances on
the basis of criminal antecedents have been shown to deny bail to
accused, hence, the Court does not feel it proper to deny bail to the
applicant just on the ground that he had criminal antecedent.

10. 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.

11. 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
to dissuade him/her 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.
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                                    (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.

                                    12. 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.

                                    13. With the directions made above, the anticipatory bail application
                                    stands allowed.



                                                                                        (Vikram D. Chauhan,J.)
                                    May 5, 2026
                                    D. Tamang




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