ARUN KUMAR YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) List revised. Illness slip has been sent by Sri Jitendra Kumar Srivastava, learned counsel for the applicant. Heard Sri Puspendra Kumar Yadav, learned counsel for the informant, learned A.G.A. for the State and perused the record.

(2.) The present anticipatory bail application has been moved by the applicant Arun Kumar Yadav seeking anticipatory bail in Case No. 104755 of 2024 (State Vs. Shiv Prakash Singh and another) arising out of Case Crime No.411 of 2020 under Ss. 420, 467, 468, 471 I.P.C. Police Station Cantt., District Varanasi, with the prayer that in the event of arrest, applicant may be released on bail, whereas another co-accused namely, Shiv Prakash Singh has also moved Criminal Misc. Anticipatory Bail Application No.2551 of 2025 with a prayer that in the event of arrest, he may be released on bail in the aforesaid case crime.

(3.) It has been averred in the instant anticipatory bail application that another co-accused Shiv Prakash Singh, who has also filed Criminal Misc. Anticipatory Bail Application under Sec. 482 No. 2551 of 2025 (Shiv Prakash Singh Vs. State of U.P. and another) and the opposite party no.2 are cousin. The father of co-accused Shiv Prakash Singh had formed a society in the name of Jay Prakash Smarak Sewa Samiti, Varanasi which society runs a degree college in the name of Jay Prakash Degree College Umraha, District Varanasi. It has also been averred that since formation of society and degree college, the opposite party no.2 was the Manager of the institution and that the opposite party no.2 had created a Trust in the name of Narayan Foundation Trust as back as on 17/12/2012. The opposite party no.2 passed a resolution, whereby the management of the college from society was transferred to trust. When the father of the co-accused Shiv Prakash Singh came to know about the same, he filed a complaint against the opposite party no.2 and the concerned authority discarded the claim of the opposite party no.2 vide its letter dtd. 7/12/2020, which was challenged by the opposite party no.2 by means of filing a Writ-C No. 6267 of 2021 and the same was disposed of vide order dtd. 24/8/2021 with the direction to the Vice-Chancellor of the University to decide the issue as to whether the society will run the college or the trust. Pursuant to the order dtd. 24/8/2021, the Vice-Chancellor of the University passed an order dtd. 22/9/2022 by which, it was decided that the society will run a college, which order was again challenged before this Court by means of filing a Writ-C No. 35495 of 2022 in which, no interim order has been granted. The father of co-accused Shiv Prakash lodged a first information report against the opposite party no.2 in Case Crime No. 509 of 2017 under Ss. 419, 420, 467, 468, 471, 406 I.P.C., Police Station Sarnath, District Varanasi. However, the opposite party no.2 was granted bail in Case Crime No. 509 of 2017 by a co-ordinate Bench of this Court vide order dtd. 7/4/2023 passed in Criminal Misc. Bail Application No. 6990 of 2023, copy of which order is annexed as Annexure-8 to the affidavit accompanying the application. Thereafter, the opposite party no.2 filed a series of litigation before the concerned authority but he failed to get any relief from any corner. Being annoyed with the same and to wreck vengeance, the opposite party no. 2 filed an application under Sec. 156 (3) Cr.P.C., which was treated as a complaint case, in which after recording of statements under Ss. 200 and 202 Cr.P.C., the co-accused Shiv Prakash Singh and his father were summoned, thereafter non-bailable-warrants were issued, which was challenged by the co-accused Shiv Prakash Singh by means of filing an application under Sec. 482 Cr.P.C. No. 22210 of 2024 and the co-ordinate Bench of this Court vide order dtd. 22/1/2025 granted no coercive order in favour of the co-accused Shiv Prakash Singh. When the opposite party no.2 could not cause harm and harassment to the co-accused Shiv Prakash Singh, then an ill-will developed in his mind and as such the opposite party no.2 lodged a first information report in Case Crime No. 411 of 2020 under Sec. 420, 467, 468, 471 I.P.C., at Police Station Cantt. District Varanasi, which was challenged by the co-accused Shiv Prakash Singh by way of filing a Criminal Misc. Writ Petition No. 14905 of 2023 (Shiv Prakash Singh and another Vs. State of U.P. and others) and the Division Bench of this Court, vide order dtd. 28/10/2023 has been pleased to grant protection till the next date of listing or till submission of police report under Sec. 173 (2) Cr.P.C. whichever is earlier, copy of which order is annexed as Annexure-16 to the affidavit accompanying the application. It has also been averred that the averments as made in the application under Sec. 156 (3) Cr.P.C., though the same was treated as complaint as well as the F.I.R. lodged against the applicant. It has also been argued that the applicant is innocent and they have an apprehension that they may be arrested in the abovementioned case, whereas there is no credible evidence against them. It has also been averred that there is no credible evidence against the applicants and that no coercive process has been issued against the applicants so far. It has also been averred that the applicants undertakes to co-operate during trial and would appear as and when required by the investigating agency or Court. It is stated that in case, the applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co-operate with the investigation and would abide with the conditions of bail.