Neutral Citation No. - 2025:AHC-LKO:27716 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 446 of 2025 Applicant :- Manoj Kumar Malviya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Abhay Raj Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned A.G.A. appearing on behalf of the State-opposite party. 2. In view of order being passed, notice to opposite party no.2 stands dispensed with. 3. Supplementary affidavit filed today by learned counsel for applicant is taken on record. 4. This first anticipatory bail application has been filed with regard to Case Crime No. 97 of 2025 under Section 316 (5) BNS Police Station Gauriganj, District Amethi. 5. As per contents of FIR, the applicant who is currently employed as Junior Account Clerk in the department concerned was instrumental in fabricating documents which lead to over payment of honorarium to other co-accused who were employed on contractual basis. 6. It is submitted that applicant has been falsely implicated in the charges levelled against him and that even otherwise, there is no specific averment with regard to his role in fabricating or forging any documents and, therefore, the aspect of applicability of Section 316 (5) of BNS would only be subject matter of investigation. It is submitted that investigation still ongoing and that the applicant undertakes to cooperate. It is submitted that the applicant has neither been suspended nor any departmental inquiry instituted against him. 7. Learned A.G.A. appearing on behalf of State has opposed bail application with the submission that the applicant being the Junior Account Clerk, the entire gist of allegations levelled is directly upon him. It is, however, admitted that investigation still on going in which he is not cooperating. 8. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that FIR has been lodged on the basis of a report dated 22.01.2025. However, it also appears that no departmental inquiry has been instituted against applicant. Investigation still on going in which applicant undertakes to cooperate. 9. Without expressing any opinion on the merits of the case, I am of the opinion that the that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. 10. In view of the above, it is provided that in the event of arrest, the applicant- Manoj Kumar Malviya 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 the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (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. 11. The application stands Allowed. Order Date :- 12.5.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench