Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 235 of 2025 Applicant :- Katar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Amrendra Nath Tripathi,Ajay Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Amrendra Nath Tripathi, learned counsel for the applicant and Sri Ran Vijay Singh, learned A.G.A. for the State. 2. In view of the proposed order being passed, notice to opposite party No. 2 is hereby dispensed with. 3. Learned counsel for the applicant has stated that the applicant is apprehending his arrest in F.I.R./ Case Crime No.1212 of 2013, under Sections 409, 419, 420, 120-B IPC & Section 13(2) of the Prevention of Corruption Act, 1988, Police Station- Musafirkhana, District- Amethi. 4. Learned counsel for the applicant has submitted that the present applicant is retired from the post of Project Manager of D.U.D.A. Presently, he is aged about 70 years old. He was posted for a short period at the place in question. Pursuant to the impugned FIR, the investigating was going on and the present applicant co-operated in the investigation properly as his statement was recorded on 26.05.2016, the recital to this effect has been given to Para 16 of the bail application. After recording the statement of the applicant, the Investigating Officer had not approached the applicant. Though, the charge sheet has been filed against some persons but no charge sheet has been filed against the present applicant. Presently, the investigation of the case of the applicant has been transferred to the Economic Offence Wing, U. P., Lucknow. The learned counsel for the applicant has stated that the applicant undertakes that he shall co-operate in the investigation being conducted by another agency. He has further submitted that some of the accused persons have been granted anticipatory bail as those bail orders have been enclosed as Annexure No. 7, collectively. 5. The learned counsel for the applicant has submitted that the present applicant is having his permanent address, therefore, this is no flight risk. The criminal history of the applicant has been explained in Para-6 of the bail application. Learned counsel for the applicant has further stated that if after the completion of investigation, any credible evidence or material is found against the applicant, he shall take legal recourse for that, therefore, till completion of investigation and filing of the police report, if any, his liberty may be protected. 6. Learned A.G.A. for the State has opposed the aforesaid application by submitting that as per material and evidence available with the prosecution agency, the present applicant has committed offence, therefore, the charge sheet would be filed against him and his anticipatory bail application may be rejected. 7. On being asked from the learned A.G.A. as to whether the applicant has not co-operated in the investigation, learned A.G.A. has stated that he has no specific instruction in this regard. But he has informed the Court that the investigation is going on and now the investigation is being transferred to the Economic Offfence Wing, U.P., Lucknow. 8. Therefore, without entering into the merits of the issue and considering the arguments of learned counsel for the parties, the fact that the statement of the applicant has already been recorded by the Investigating Agency, he is ready to co- operating in the investigation, no coercive orders have been issued against him as he has not been declared as absconder; the applicant is having his permanent address, therefore, in the interest of justice, the liberty of the present applicant is protected till completion of the investigation and filing of the police report, if any, in view of the dictum of the Hon'ble Apex Court in re; Sushila Aggarwal And Others Vs. State (NCT of Delhi) And Another 2005 SCC 1. 9. In view of the aforesaid facts and circumstances, it is directed that in the event of arrest, the applicant- Katar Singh shall be released on anticipatory bail in the aforesaid case crime number till completion of the investigation and filing of the police report, if any, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the trial court/ court concerned/ arresting authority/ investigating agency with the following conditions:- (i) that the applicant shall appear before the Investigating Agency i.e. Economic Offence Wing, U. P., Lucknow on 27th February at 11:00 a.m. to co-operate in the investigation and he shall further co-operate in the investigation till completion of the investigation and filing of the police report, if any, failing which this protection may be withdrawn on any appropriate application to be filed by the State. (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 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 prior permission of the court; (iv) that the applicant shall not pressurize/ intimidate the prosecution witnesses and shall not tamper with evidence during trial; (v) that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; (vi) that in default of any of the conditions mentioned above, the learned counsel for the State shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 10. This anticipatory bail application is disposed of in view of the above terms. 11. List in due course. 12. In the meantime, counter affidavit may be filed by the State. (Rajesh Singh Chauhan,J.) Order Date :- 20.2.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench