Allahabad High Court

BHANU PRATAP SINGHversusSTATE OF U.P.

Decided: 10 September 2026
Bench: VIKRAM D CHAUHAN

Holding

Anticipatory bail is granted to the applicant subject to a personal bond and specified conditions.

Summary

The High Court of Allahabad considered an anticipatory bail application filed by Bhanu Pratap Singh, a retired executive engineer, in a case under Sections 13(1)(b) and 13(2) of the Prevention of Corruption Act, 1988 alleging excess income of Rs.52 lakh. The applicant argued that the allegations were false, he had no criminal antecedents, and no prima facie case existed. The State’s Additional Government Advocate did not dispute the factual matrix but failed to show any risk of evidence tampering, witness intimidation, or flight. The Court held that bail’s purpose is to secure the accused’s attendance and, lacking material to the contrary, granted anticipatory bail with a personal bond and detailed conditions. The order also authorized the investigating officer to seek cancellation of bail if any condition is breached.

Issues considered

Whether anticipatory bail should be granted to the accused under the Prevention of Corruption Act, 1988.
Whether the allegations constitute a prima facie case warranting denial of bail.
Whether there is a likelihood of the accused tampering with evidence, intimidating witnesses, or fleeing from justice.

Legislation cited

Prevention of Corruption Act, 1988 — s. 13(1)(b), 13(2)

Subjects

anticipatory bail
Prevention of Corruption Act
Section 13
excess income
bail conditions
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9322 of 2026

Bhanu Pratap Singh
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Anil Kumar, Samsher Chandra Tripathi
Counsel for Opposite Party(s) : G.A.

Court No. - 55
HON'BLE VIKRAM D. CHAUHAN, J.

1. The present Anticipatory Bail Application has been filed with the
prayer to grant anticipatory bail to the applicant - Bhanu Pratap Singh in
Session Case No.1936 of 2026, arising out of Case Crime No.03 of 2022,
under Section 13(1)(b) read with Section 13(2) Prevention of Corruption
Act, 1988, Police Station - U.P. Vigilance Establishment, Gorakhpur -
U.P. Vigilance Establishment.

2. Heard learned counsel for the applicant as well as learned AGA and
perused the material available on record.

3. It is submitted by learned counsel for the applicant that the applicant
has retired from the post of Executive Engineer, Irrigation Department.
He submits that for the check period from 1982 to 31.12.2016, a sum of
Rs.52 lacs was found as excess income. The income of the wife of the the
applicant, who is running a petrol pump from 2005 to 2010 has not been
included, as a result of the same, there is discrepancy. 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/her arrest by the police any time.

4. Learned A.G.A. opposed the prayer but does not dispute the factual
NABAIL No. 9322 of 2026
2

matrix.

5. 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 1 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 from disclosing such facts to the Court or to any police
office.
NABAIL No. 9322 of 2026
3

(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.)
September 11, 2026
Bhaskar

Digitally signed by :-
BHASKAR
High Court of Judicature at Allahabad

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