HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1739 of 2022 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Sri Ghanshyam Mishra, learned Brief Holder 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 Shahroze Khan, learned counsel for the applicant and Sri Ghanshyam Mishra, learned Brief Holder for the State. 3. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 44 of 2006 (S.T. No. 04 of 2021), under Sections 420, 467, 468, 471, 477-A, 120B IPC and Section 13(1)(D) and 13(2) P.C. Act, Police Station Dumariaganj, District Siddharth Nagar with a prayer to enlarge him on anticipatory bail during trial. 4. Learned counsel for the applicant submits, applicant was Lekhpal and FIR of the present case was lodged in the year 2006 against him and several others and as per allegation on the basis of report submitted by the applicant non eligible persons received old age pension. 5. He further submits, however, entire allegations leveled against the applicant are totally false but even if applicant submitted wrong report then also it cannot be said that he committed the alleged offences. 6. He further submits, however, FIR of the present case was lodged in the year 2006 but till today investigation of the case is pending and when Investigating Officer tried to arrest him then in the year 2022 applicant filed instant anticipatory bail application and after considering the entire facts of Versus Counsel for Applicant(s) : Shahroze Khan Counsel for Opposite Party(s) : G.A. Shabih Haider Siddiqui .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the case in detail, on 25.03.2022 the co-ordinate Bench of this Court enlarged him on interim anticipatory bail. 7. He next submits, there is no allegation that applicant is not cooperating with the investigation. He further submits, applicant is not having any criminal history and he is aged about 76 years. 8. 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. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation, applicant was Lekhpal and on the basis of his report non eligible persons received old age pension but it reflects, FIR of the present case was lodged in the year 2006 and till date even the investigation could not be completed. 11. Further, instant anticipatory bail application is pending since the year 2022 and after considering the entire facts of the case on 25.03.2022 the co- ordinate Bench of this Court was pleased to enlarge the applicant on interim anticipatory bail and there is no allegation that he misused the liberty granted to him. 12. Further, applicant is not having any criminal history and he is aged about 76 years. 13. Therefore, considering the facts and circumstances of the case, the interim anticipatory bail granted to the applicant vide order dated 25.03.2022 is hereby confirmed. The applicant shall remain on anticipatory bail till conclusion of trial on the same condition as imposed by this Court. 14. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 15. 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. September 16, 2025 AK Pandey ABAIL No. 1739 of 2022 2 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad