Neutral Citation No. - 2025:AHC-LKO:20960 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 403 of 2025 Applicant :- Pradeep Kumar Sharma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rajesh Tiwari,Alok Kumar Shukla,Vaibhav Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned A.G.A. for opposite party-State. 2. First anticipatory bail application has been filed with regard to case crime No.0302 of 2022, under Section 409 IPC and Section 3/7 Essential Commodities Act, P.S. Mahrajganj, District Raebareli. 3. As per contents of first information report, applicant was go-down in charge and after handing over of charge, during physical verification, it was noticed that there was substantial discrepancy and shortage in the food grains. 4. It has been submitted by learned counsel for applicant that he has been falsely implicated in the charges levelled against him which could be evident from the fact that even as per contents of FIR, the applicant is said to have superannuated on 31.10.2021 whereas the FIR has been lodged only on 26.09.2022. It is submitted that such a delayed FIR clearly is indicative of the fact that the said discrepancy may have occurred subsequent to applicant's superannuation. It is submitted that applicant does not have any previous criminal history and had cooperated during course of investigation where after charge-sheet has been filed. It is submitted that co-accused, namely, Ram Singh, Yagyanath Tripathi, Shri Pawan Chaturvedi @ Pawan Kishore Chaturvedi and Vinod Kumar have already been granted anticipatory bail by Coordinate Benches of this Court in Anticipatory Bail Applications No.1565 of 2023, 2621 of 2023, 109 of 2024 and 170 of 2023 respectively. 5. Learned A.G.A. has opposed anticipatory bail application but does not dispute the aforesaid facts that applicant had cooperated during the course of investigation whereafter charge-sheet was filed and does not have any previous criminal history. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it appears that even as per contents of FIR, applicant is said to have superannuated on 31.10.2021 after handing over the charge whereas FIR has been lodged quite belatedly on 26.09.2022. The aspect would require consideration during the course of trial with evidence. The applicant is said to have cooperated during the course of investigation and there is no previous criminal history. Learned counsel for applicant has also provided an undertaking of applicant that he shall cooperate in the trial. 7. Without expressing any opinion on the merits of the case, I am of the opinion that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. 8. In view of the above, it is provided that in the event of arrest, the applicant- Pradeep Kumar Sharma, shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions:- (i) 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/her from disclosing such facts to the court or to any police officer or tamper with the evidence; (ii) that the applicant(s) shall not leave India without the previous permission of the court; (iii) that the applicant(s) shall not pressurize/ intimidate the prosecution witness; (iv) that the applicant(s) shall appear before the trial court on each date fixed unless personal presence is exempted; (v) that 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. 9. 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. 10. The application stands allowed. Order Date :- 15.4.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench