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Allahabad High Court

ARVIND KUMAR SHUKLAversusSTATE OF U.P.

Decided

Holding

The Court allowed the anticipatory bail application, granting bail subject to specified conditions.

Summary

The High Court of Allahabad entertained an anticipatory bail application filed under Section 482 of the Criminal Procedure Code in a case involving alleged misappropriation of excess pension funds and a violation of Section 66D of the Information Technology Act. The applicant, an elderly and economically weak pensioner, claimed that false allegations were made against him by treasury officials and that he had already refunded Rs.2 lakh of the alleged amount. The State contended that a total of Rs.60.45 lakh had been credited to the applicant’s account, with only a small portion refunded, but did not dispute that co‑accused persons had previously been granted anticipatory bail. Considering the applicant’s age, financial condition, and the precedent of bail to similarly situated co‑accused, the Court found a case for granting anticipatory bail. The application was allowed subject to conditions of personal bond, cooperation with police, non‑intimidation of witnesses, and no travel abroad without permission.

Issues considered

  • Whether the applicant is entitled to anticipatory bail under Section 482 CrPC in view of the alleged offences under the BNSS Act and the IT Act.
  • Whether the applicant’s age, economic status, and the grant of anticipatory bail to co‑accused justify the relief.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482 CrPC
  • pension fraud
  • Information Technology Act
  • age factor
  • economic weakness
  • bail conditions

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 9675 of 2026

Arvind Kumar Shukla
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)      : Jitendra Prasad Mishra, Prakhar Kumar
                                Kushwaha
Counsel for Opposite Party(s) : G.A.

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

1. Heard Learned counsel for the applicant; and Sri Devesh Nath Tiwari,
Learned A.G.A. and Sri Shiv Babu, learned Brief Holder, appearing for
the State.

2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No. 657 of 2025, under Sections 319(2), 318(4),
338, 336(3), 340(2), 316(5), 61(2) and 238 of the B.N.S., 2023, and
Section 66D of the Information Technology Act, Police Station – Kotwali
Karwi, District Chitrakoot, with a prayer to enlarge him on anticipatory
bail, as the applicant apprehends his arrest in the aforesaid case.

3. The Learned counsel for the applicant has submitted that the applicant
is an old man. A false allegation of the applicant being involved with
treasury officials and misappropriating excess pension amount received in
his account has been made. The applicant has been implicated by the
actual accused who are the treasury officials and middlemen. The
applicant is an old man who is also economically weak. Despite this, he
has tried to deposit part of the amount received in his account. The
Learned counsel has stated that Rs.2 lakhs has been deposited by the
applicant and he would make all efforts to deposit the rest of the amount
as per his capability.

4. Sri Shiv Babu, Learned Brief Holder appearing for the State has stated
that a cumulative amount of Rs.60,45,480/- has been credited in the
account of the applicant and only a meager amount of Rs.2 lakhs has been
                                                      NABAIL No. 9675 of 2026
                               2


refunded. Learned A.G.A. however does not dispute the fact that many
other accused have been granted anticipatory bail by this Court

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

6. Co-accused Nareshdutt Mishra, Jagannath Prasad and Ritesh Tripathi
@ Munnu have been granted anticipatory bail by this Court in NABAIL
Nos.10416 of 2025, 7790 of 2026 and 8003 of 2026. The applicant is
stated to be a pensioner who has received excess pension amount in his
account on account of conspiracy with treasury officials. The applicant to
show his bona fides has also refunded a part of the misappropriated
amount.

7. In the prima facie opinion of this Court, taking note of the old age of
the applicant and also the fact that the similarly situated co-accused have
been granted anticipatory bail by this Court, a case for grant of
anticipatory bail is made out.

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

9. In the event of the arrest of the applicant- Arvind Kumar Shukla,
involved in the aforesaid case crime, he shall be released on anticipatory
bail, on his furnishing a personal bond and surety 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;

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
officer;

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

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

10. In case of breach of any of the above conditions, the Court concerned
shall be at liberty to cancel the bail.
                                                                                      NABAIL No. 9675 of 2026
                                                                 3

                                    11. 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.



                                                                                  (Rajiv Lochan Shukla,J.)
                                    September 17, 2026
                                    Kushal




Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad


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