Neutral Citation No. - 2025:AHC-LKO:2413 Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 45 of 2025 Applicant :- Maneesh Kumar Kanoujia Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Home Lko Counsel for Applicant :- Brijesh Kumar Singh,Raghvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri B.K. Singh, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned AGA for the State. 2. As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case Crime/ FIR No.376 of 2023, under Sections 409, 167, 420 & 34 IPC, Police Station- Paraspur, District- Gonda. 3. Learned counsel for the applicant has drawn attention of this Court towards the impugned FIR wherein the allegations have been levelled against four accused persons and no allegation of any kind whatsoever has been levelled against the present applicant, who is functioning as Contractual Accountant at Kasturba Gandhi Vidyalaya, Gonda. The present applicant has discharged his duties only for two days in a week. Accused no.1 Smt. Sarita Singh-Warden and accused no.2, namely, Smt. Sushma Pal, Full Time Teacher, have approached this Court by filing Writ-A Nos.311 of 2024 & 859 of 2024 respectively and both the aforesaid accused persons have got relief as their petitions have been allowed vide orders dated 17.01.2024 and 06.02.2024. In compliance of the orders of this Court passed in the aforesaid writ petitions, the District Basic Education Officer has passed an order dated 20.03.2024 (Annexure No.6) making compliance of the orders of the writ court. Since the issue in question is having allegations of financial embezzlement wherein the investigation is going on, therefore, the present applicant undertakes that he shall cooperate in the investigation and shall not misuse the protection, if given by this Court. The present applicant is having no prior criminal history of any kind whatsoever, therefore, in view of the dictum of the Apex Court in re; Sushila Aggarwal Vs. State (NCT of Delhi) 2020 SCC Online SC 98, his liberty may be protected till completion of the investigation. 4. Learned AGA has opposed the aforesaid prayer and has submitted that during investigation, culpability of the present applicant has been found, however, the investigation is still going on. 5. Therefore, without entering into merits of the issue; considering the arguments of learned counsel for the parties; the fact that the present applicant is functioning as Contractual Accountant and has discharged his duties only for two days in a week; the present applicant is not named in the FIR nor any allegation of any kind whatsoever has been levelled against him in the FIR; co-accused persons, namely, Sarita Singh-Warden and Smt. Sushma Pal, Full Time Teacher, have got relief from this Court; undertaking of the applicant that he shall not misuse the liberty of anticipatory bail and shall co-operate in the investigation and in view of the dictum of the Apex Court in re; Sushila Aggarwal (supra), I find it appropriate that liberty of the present applicant may be protected till completion of investigation. 6. Thus, it is directed that in the event of arrest, applicant- Maneesh Kumar Kanoujia shall be released on anticipatory bail till completion of the investigation in the aforesaid case crime number on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:- I. The applicant shall appear before the Investigating Officer concerned on 22.01.2025 at 11:00 AM for the purpose to cooperate in the investigation and he shall also cooperate in the investigation till completion of the investigation and filing of police report, failing which this order may be withdrawn. II. that the applicant shall make himself available for interrogation by a police officer as and when required; III. 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; IV. that the applicant shall not leave India without the previous permission of the court; V. that in default of any of the conditions mentioned above, the Investigating Officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant; VI. that the applicant shall not pressurize/ intimidate the prosecution witness. 7. This anticipatory bail application is accordingly disposed of. [Rajesh Singh Chauhan,J.] Order Date :- 15.1.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench