Neutral Citation No. - 2025:AHC-LKO:34232 Court No. - 12 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 198 of 2025 Applicant :- Rakesh Kumar Soni Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko And Another Counsel for Applicant :- Alok Srivastava,Pranav Tivaree Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present bail application has been filed by the applicant under Section 438 Cr.P.C. apprehending his arrest in Case Crime 248 of 2019, under Section 120-B I.P.C. & Section 3/7 of Essential Commodities Act, P.S. Itiya Thok, District Gonda. Heard learned counsel for the applicant and learned A.G.A. for the State. It is alleged in the F.I.R. that after an inquiry, it has been found that the fair price shop dealer of Gram Panchayat- Itiya Thok, District- Gonda has not distributed the essential commodities. It is further stated that the distribution certificates have been issued and a direction was issued to register an FIR. Learned counsel for the applicant submits that the applicant is not a fair price shop dealer nor the Gram Pradhan. He is only a Member of the Gram Panchayat and thus, he has no authority to issue any distribution certificate. He has been implicated in the instant case due to village party bandi. It is also submitted that during investigation, Sections 409,420,467,468,471 IPC have been dropped as there is no evidence against the applicant for the said sections. The offences are punishable only up to 7 years. Moreover, the applicant has no criminal history. Learned counsel for the applicant further submits that allegations in the F.I.R. are baseless and he has been falsely implicated. The investigating officer has filed the charge sheet without collecting the cogent and tangible evidence. Learned A.G.A. has vehemently opposed the bail application, however, could not dispute the fact that the applicant has no criminal history. He further submits that the charge-sheet in the matter has been filed. On due consideration to the submissions advanced, perusal of the record so also the fact that the charge sheet has been filed in the instant case; the applicant has no criminal history; he has cooperated in the investigation and he shall cooperate in the trial, it would be expedient in the interest of justice that the liberty of the applicant may be protected. In view of the above, since charge-sheet in the matter has been filed, the applicant is directed to surrender himself before the trial court within twenty days from today. In case of such surrender, the trial court shall enlarge the applicant on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned with the following conditions:- (i) 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 tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court;' (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. Order Date :- 2.6.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench