Neutral Citation No. - 2025:AHC-LKO:13121 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 100 of 2025 Applicant :- Ashish Kumar Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko Counsel for Applicant :- Aditya Tiwari Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the accused-applicant on anticipatory bail in Case Crime No. 0173 of 2022, under section 409 of the I.P.C., Police Station- Vibhuti Khand, District-Lucknow. Contention of learned counsel for the applicant is that the applicant is innocent and has been implicated. He added that the application was not allocated the work, which is alleged in the first information report and no amount has ever been misappropriated. He next added that there was some misconception in between the outsourcing agency and the institution and that has been settled and the amount alleged to be misappropriated, has already been given/deposited by the outsourcing agency to the Dr. Ram Manohar Lohiya Institute and now, there is no dispute over there. He submits that the identically situated co-accused namely, Ravi Pratap Verma has already been enlarged on bail vide order dated 27.02.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 438 CrPC No. 76 of 2025 and the applicant is also entitled for anticipatory bail on the ground of parity. He submits that the applicant has no previous criminal history and he is co- operating in the investigation proceedings and he undertakes that he will always remain present before the Investigating Officer as and when required. He further submits that there is acute apprehension that the police will arrest the applicant and as such, submission is that he may be enlarged on anticipatory bail. Per contra, learned A.G.A. appearing for the State has opposed the contentions aforesaid, but, he admits on the basis of the instructions that the amount, which is alleged to be misappropriated by the applicant, has been deposited by the outsourcing agency from where the applicant is engaged to work as Computer Operator. This court has also taken note of the fact that the applicant has no previous criminal antecedent and as per submission of learned counsel for the applicant that there is an apprehension that the police will arrest him and the applicant has undertaken that he will always cooperate with the trial proceedings. In view of the aforesaid, this court finds it a fit case for grant of anticipatory bail and therefore, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Ashish Kumar Gupta till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) 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; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this protection. Order Date :- 3.3.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench