Neutral Citation No. - 2025:AHC-LKO:11393 Court No. - 29 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 238 of 2025 Applicant :- Sanjeev Kumar Tripathi Opposite Party :- State Of U.P. Thru. Addl. Chief. Secy. Home U.P. Civil Secretariat, Lko. Counsel for Applicant :- Shashank Kumar,Prashant Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Prashant Shukla, the learned counsel for the applicant as well as Sri Abhishek Kumar Singh, the learned Counsel appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.0621 of 2021, under Sections 409 and 420 I.P.C., registered at Police Station Atrauli, District Hardoi. 3. The aforesaid case has been registered on the basis of a F.I.R. lodged on 25.11.2021 against three persons, stating that an enquiry was conducted regarding illegality committed in construction of Panchayat Bhawan, Vikas Khand Bharawan, District Hardoi. In furtherance of the enquiry report the directions were issued to lodge the F.I.R. 4. In the affidavit filed in support of the anticipatory bail- application it has been contended that the applicant is innocent and he has falsely been implicated in the present case. The applicant is involved in one case i.e. F.I.R. No.12 of 2022, under Sections 120-B and 409 I.P.C. and Sections 13 (1) (A) and 13 (2) of Prevention of Corruption Act, Police Station, Lucknow Sector (Vigilance Establishment) District Lucknow, in which he has been granted anticipatory bail by this Court by means of an order dated 13.11.2024, passed in Criminal Misc. Anticipatory Bail Application No.2389 of 2024. 5. In the affidavit filed in support of the bail application, it is stated that the applicant was working as Village Panchayat Officer. He has been promoted to the post of District Panchayat Raj Officer. The learned counsel for the applicant has submitted that the F.I.R. does not make a mention of any fact, which may even prima facie indicate commission of a cognizable offence. It has also been submitted on behalf of the applicant that after lodging of F.I.R. the applicant approached this Court by filing Criminal Misc. Writ Petition No.28648 of 2021, wherein an interim order has been granted in favour of the applicant staying his arrest. The said petition was disposed of by means of an order dated 04.10.2023 as a charge sheet has been filed against the applicant. 6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is an Accountant and the F.I.R. even prima facie does not indicate commission of a cognizable offence by the applicant; that the applicant has no criminal history and in case he gets protection, there appears to be no reasonable ground to believe that he will abscond and will not cooperate with the process of law and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Sanjeev Kumar Tripathi the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (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. . (Subhash Vidyarthi, J.) Order Date :- 21.2.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench