Neutral Citation No. - 2025:AHC-LKO:25994 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 490 of 2025 Applicant :- Rahul Malik Opposite Party :- State Of U.P. Thru. Inspector State Special Investigation Team Tower Iii Lko. Counsel for Applicant :- Pranshu Agrawal Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned A.G.A. for the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in an FIR bearing Case Crime No. 27/2021, under Sections 409, 420, 467, 468, 471, 120-B IPC, Police Station S.I.T., District Lucknow. 3. As per contents of FIR, it has been registered on 20.07.2021 against 14 sets of persons, the applicant is indicated only as owner of the New Era College of Science and Technology. 4. The allegation levelled in the FIR is that in furtherance of a complaint dated 19.06.2019, a special investigation team was constituted which conducted an inquiry and submitted a report to a committee constituted by the Government. During inquiry, it came to light that although the complaint alleged embezzlement of Rs. 200 crore in payment of scholarships to students belonging to Scheduled Caste and Scheduled Tribe categories, merely Rs. 58 crores has been drawn by the concerned institute towards payment of scholarships. 5. The FIR does not disclosed commission of any act by the applicant, which may amount to commission of an offence. 6. The learned counsel for the applicant has submitted that the FIR in question was lodged on 20.07.2021, the applicant had cooperated with the investigation and has got his statement recorded by the Investigating Officer and even after expiry of more than two years, the investigation is still going on and charge sheet is yet to be submitted. 7. Three co-accused persons have already granted anticipatory bail in the present case and copies of their bail orders have been annexed as Annexure Nos. 15 to 25 of the affidavit filed in support of the application. 8. Learned A.G.A. has vehemently opposed the application and he has submitted that the applicant is named in the FIR lodged regarding commission of a large scale bungling of public money meant for being distributed as scholarship to the students belonging to deprived section of the society and the commission of offence has been established during ongoing investigation. 9. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it appears that there does not any specific allegation levelled in the FIR of having embezzled the scholarship amounts, despite passing of almost four years, the investigation is yet continuing without filing of charge sheet. Co-accused Kunwar Pal Singh, who was also the Chairman of another educational society, namely, NIMT Institute of Management and Technology has been granted anticipatory bail by this Court in Criminal Misc. Anticipatory Bail Application U/S 438 CR.P.C. No.2268 of 2023. 10. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Rahul Malik before the learned Trial Court in the aforesaid case, 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: (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this protection. Order Date :- 5.5.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench