Neutral Citation No. - 2025:AHC-LKO:20177 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 387 of 2025 Applicant :- Parmeshwari Dayal Pateriya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. And Another Counsel for Applicant :- Rakesh Mishra,Shikha Mishra Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for the applicant, learned A.G.A. for State-opposite party No.1 and perused the record. 2. In view of order being passed, notice to opposite party no.2 stands dispensed with. 3. The instant first anticipatory bail application has been moved by the applicant- Parmeshwari Dayal Pateriya, in Case Crime No.431 of 2022, under Section 13 (1)a Prevention of Corruption Act, Police Station- Kotwali Nagar, District- Mahoba with the prayer to enlarge him on anticipatory bail, as he is apprehending arrest in the above-mentioned case. 4. As per contents of the F.I.R., Pradhan of the village of Gram Panchayat allegedly embezzled State funds without completion of work assigned to the gram panchayat. The applicant's name has been shown as involved during the course of investigation. 5. Learned counsel for the accused-applicant while referring to the First Information Report and the copy of the inquiry report on the basis of which First Information Report has been lodged, vehemently submits that even if the inquiry report on the basis of which First Information Report has been lodged is taken on its face, it would emerge that certain discrepancies have been found in the developmental work done by the 'Gram Panchayat'. Applicant at the relevant point of time was the Secretary of the 'Gram Panchayat'. 6. It is vehemently submitted that the inquiry pertaining to the certain allegations of financial embezzlement has been done by the Sub Divisional Magistrate Kulpahar as well as by the Assistant Engineer, P.W.D. 'Mahoba' and it is only on the basis of the statements of the certain persons, who at the relevant point of time were present on the spot, the report has been submitted. 7. It is next submitted that the applicant is a respectable person in the locality and having roots in the society and is a law abiding citizen and he is not having any criminal history and there is no apprehension that after being granted the facility of anticipatory bail, he may flee from the course of law or otherwise misuse the liberty and he undertakes that he will cooperate in the investigation. 8. It is also submitted that the main accused Pancham Singh has already been granted benefit of anticipatory bail by this Court in Criminal Misc Anticipatory Bail Application No.618 of 2023. 9. Learned AGA on the other hand submits that it was after thorough inquiry done by the Assistant Engineer concerned certain financial irregularities and misappropriation of the public money has been found and on the basis of that report the First Information Report has been lodged. Thus the applicant is not entitled to be released on anticipatory bail. 10. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, it appears that the FIR has been lodged against the Gram Pradhan, Pancham Singh, who has already granted benefit of anticipatory bail as indicated herein above. The applicant is a Secretary of the Gram Panchayat and is not named in the FIR. It appears that the applicant has been shown as involved on the basis of an inquiry conducted by the Sub Divisional Magistrate and the Assistant Engineer concerned with regard to discrepancy found in the development work. It is also evident that earlier the applicant was granted anticipatory bail till filing of charge sheet in Criminal Misc Anticipatory Bail Application U/S 438 Cr.P.C. No.48 of 2024. Thus, in view of law settled by Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C/482 BNSS. 11. In view of the above, it is provided that in the event of arrest, the applicant Parmeshwari Dayal Pateriya shall be released on anticipatory bail in aforesaid case crime number on his/her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:- (1) 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 temper with the evidence; (2) The applicant shall not leave India without the previous permission of the Court. (3) The applicant shall not pressurize/intimidate the prosecution witness; (4) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (5) 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. 12. It s 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. 13. The application stands disposed of. Order Date :- 10.4.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench