Allahabad High Court rejects anticipatory bail for Arun Kumar Yadav and others, imposes Rs. 20,000 fine on counsel for misleading the court.
In a significant judgment dated March 24, 2026, the Allahabad High Court, presided over by Dr. Gautam Chowdhary, J., dismissed the anticipatory bail applications filed by Arun Kumar Yadav and co-accused Shiv Prakash Singh. The court found no grounds for granting bail as interim protection had already been provided in a related proceeding, eliminating any immediate threat of arrest.
The case stemmed from charges under Sections 420, 467, 468, and 471 of the Indian Penal Code, related to an alleged fraudulent transfer of management of a degree college from a society to a trust. The applicants contended that there was no credible evidence against them and assured cooperation with the investigation. However, the court noted that further proceedings had been stayed in a related application, thus negating the need for anticipatory bail.
A notable aspect of the judgment was the court's strong censure of the conduct of the applicants' counsel, Jitendra Kumar Srivastava. The court observed that Srivastava misled the court by sending an illness slip while simultaneously appearing in another case. It was also noted that Srivastava had failed to inform the court of the interim protection already secured, thereby wasting the court's time. Consequently, the court imposed a cost of Rs. 20,000 on Srivastava, to be deposited with the High Court Legal Services Committee. Failure to deposit the amount within a month would lead to a referral to the Bar Council of U.P. for further action.
This judgment underscores the court's intolerance for any conduct that disrupts the administration of justice, especially in a system burdened by high volumes of cases.
Bottom Line:
Anticipatory bail applications were rejected as interim protection was already granted in another proceeding, and there was no apprehension of arrest. Costs of Rs. 20,000/- imposed on counsel for applicants for misleading the court and wasting its time.
Statutory provision(s):
Sections 420, 467, 468, 471 IPC, Sections 438, 482 CrPC
Arun Kumar Yadav v. State of U.P., (Allahabad) : Law Finder Doc id # 2878042
