HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8240 of 2025 Court No. - 73 HON'BLE SAMEER JAIN, J. 1. Sri Rajeev Dhar Dwivedi, learned AGA for the State apprised the Court that he has received the instructions, therefore, instant anticipatory bail application may be finally disposed off. 2. Heard Sri Amit Kumar Singh, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 3. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 45 of 2006, under Sections 409, 420, 467, 468, 471, 120B, 34 IPC and 13(2) P.C. Act, Police Station Sikandarpur, District Ballia with a prayer to enlarge him on anticipatory bail during trial. 4. Learned counsel for the applicant submits, FIR of the present case was lodged in the year 2006 and at that time applicant was Panchayat Secretary and on the basis of general allegation, he has been made accused in the present matter along with as many as 180 persons. 5. He further submits, however, as per prosecution, applicant and other accused misappropriated the public fund related to Gramin Rojgar Yojna but entire allegation leveled against the applicant is totally false. 6. He further submits, during investigation when applicant along with others challenged the FIR of the present case before this Court then Division Bench of this Court vide order dated 19.09.2024 passed in Criminal Misc. Writ Petition No. 14957 of 2024 stayed their arrest. He further submits, during pendency of writ petition, charge-sheet has been filed in the month of Versus Counsel for Applicant(s) : Amit Kumar Singh Counsel for Opposite Party(s) : G.A. Sumant Mishra .....Applicant(s) State of U.P. .....Opposite Party(s) October, 2024. 7. He further submits, applicant fully cooperated with the investigation and now charge-sheet has been filed and applicant is having apprehension that if he will appear before the court concerned then he will be sent to jail. 8. He further submits, instant matter is of the year 2006 and therefore after 20 years there is no occasion to send the applicant behind the Bar. 9. He further submits, applicant is not having any criminal history. 10. Per contra, learned AGA opposed the prayer for anticipatory bail but could not dispute the argument on facts advanced by 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 was posted as Panchayat Secretary and he along with others misappropriated the public fund but it reflects, FIR of the present case was lodged in the year 2006 against more than 180 person on the basis of general allegations. 13. Further, record also suggests that investigation of the case continued up to October, 2024 and during investigation when applicant filed writ petition before this Court against FIR of the present case then this Court was pleased to stay his arrest and there is no allegation that applicant did not cooperate with the investigation 14. Further, charge-sheet in the present matter has been filed, therefore, it appears, custodial interrogation of the applicant is not necessary. 15. Further, apprehension of arrest raised by the applicant cannot be ruled out. 16. Further, applicant is not having any criminal history. 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 conclusion of trial. 18. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. NABAIL No. 8240 of 2025 2 19. In the event of arrest of the applicant- Sumant Mishra involved in the aforesaid case crime number, shall be released on bail till the conclusion of 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 tamper with the evidence during the trial; iv. that the applicant 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 applicant. 21. It is made clear that 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. October 10, 2025 AK Pandey NABAIL No. 8240 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad