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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7827 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J.
1. Heard Shri Gyanu Shukla, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.191 of 2014 arsing out of FIR NO.70 of 2014, under Sections 409, 419,467, 468, 471, 120B and 204 IPC and Section 13(2) Prevention of Corruption Act, Police Station Mursan, District Hathras during pendency of the trial. 3. Learned counsel for the applicant submits that on the basis of false allegation applicant has been roped in the present matter. 4. He further submits that FIR of the present case was lodged in the year 2014 against several accused with the allegation that they misappropriated the scholarship amount of the students but during investigation applicant has also been made accused with the allegation that he also involved in commission of the instant crime along with them but entire allegations levelled against the applicant are totally false. 5. He further submits that however, FIR of the present case was lodged in the year 2014 but till date investigation of the case is still pending. 6. He further submits that after ten years Investigating Officer started making attempt of arrest of the applicant. 7. He further submits that there is no occasion to send the applicant Versus Counsel for Applicant(s) : Gyanu Shukla Counsel for Opposite Party(s) : G.A. Dharamveer Singh Pundir .....Applicant(s) State of U.P. .....Opposite Party(s)
behind the bar after more than a decade. 8. He further submits that applicant is not any having any previous criminal history. 9. He further submits that therefore, considering the above facts applicant may be enlarged on anticipatory bail till the conclusion of the trial. 10. Per contra, learned AGA although opposed the prayer but could not dispute the argument on facts advanced by the learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per allegation applicant along with others misappropriated the scholarship amount of the students but he was not named in the FIR and during investigation he has been made accused along with others. 13.
Further, FIR of the present case was lodged in the year 2014 and till date surprisingly investigation of the case is still pending. 14. Further, it reflects that the name of the applicant has been surfaced although during investigation but immediately thereafter Investigating Officer did not propose to arrest the applicant and it appears that after ten years he started making attempt of his arrest. 15. The Apex Court in the case of Gursewak Singh Vs. State of Punjab (Special Leave to Appeal (Crl.) No.11234 of 2025 dated 3.9.2025 observed that as after four years from the FIR Investigating Officer tried to arrest the accused, therefore, this itself is a good ground to enlarge him on anticipatory bail. 16. Further, applicant is not having any previous criminal history to his credit. 17. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on anticipatory bail till the conclusion of trial. 18. Accordingly, without expressing any opinion on the merits of the NABAIL No. 7827 of 2025 2
case, the instant anticipatory bail application is allowed. 19. In the event of arrest of the applicant-Dharamveer Singh Pundir involved in the aforesaid case crime number, shall be released on bail till the conclusion of the trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court concerned with the conditions:- (i) that 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 or tamper with the evidence.
(ii) that the applicant shall not leave India without previous permission of the court; (iii) that the applicant shall not temper with the evidence during the trial; (iv) that the applicants shall not pressurize/intimidate the prosecution witness; (v) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
20. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicants. 21. It is made clear that the observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 24, 2025 SKM NABAIL No. 7827 of 2025 3 (Sameer Jain,J.) Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad