HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6649 of 2021 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Rejoinder affidavit filed today on behalf of the applicant is taken on record. 2. Sri Jhamman Ram, learned AGA-I for the State apprised the Court that he has received the instructions, therefore, instant anticipatory bail application may be finally disposed off. 3. Heard Sri Ranjit Kumar Srivastava, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I for the State. 4. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 0508 of 2020, under Sections 7, 13 Prevention of Corruption Act, Police Station Meja, District Prayagraj, with a prayer to enlarge him on anticipatory bail during trial. 5. Learned counsel for the applicant submits that as per allegation, applicant was Child Development Project Officer and he misappropriated the public fund but entire allegations levelled against the applicant are totally false and considering the entire facts of the case the co-ordinate Bench of this Court during investigation on 24.6.2021 enlarged him on interim anticipatory bail. 6. He further submits that now charge-sheet has been filed against the applicant and there is no allegation that applicant did not co-operate with the investigation. 7. He further submits that applicant is having apprehension that if interim anticipatory bail granted to him is not confirmed then he will be sent to jail when he will appear before the court concerned 8. He further submits that applicant is not having any criminal history. 9. He further submitted that therefore, considering the aforesaid facts and circumstances of the case, interim anticipatory bail granted to the applicant may be confirmed. 10. Per contra, learned AGA opposed the prayer for anticipatory bail but could not dispute the arguments on fact advanced by learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. Versus Counsel for Applicant(s) : Rajnish Kumar Srivastava, Vinod Prakash Srivastava (Senior Adv.) Counsel for Opposite Party(s) : Anand Pati Tiwari, G.A. Smrit Kumar Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 12. However, as per allegation applicant was public servant and he misappropriated the public fund but it reflects during pendency of the investigation when applicant filed instant anticipatory bail then after considering entire facts of the case, co-ordinate Bench of this Court on 24.6.2021 was pleased to enlarge him on interim anticipatory bail and there is no allegation that applicant ever misused the liberty of bail granted to him. 13. Further, now charge sheet has been filed and after submission of chargesheet custodial interrogation of the applicant does not appear to be necessary. 14. Further applicant is having no criminal history and the apprehension of arrest raised by the applicant cannot be ruled out. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, the interim anticipatory bail granted to the applicant vide order dated 24.6.2021 is hereby confirmed. Applicant shall remain on anticipatory bail till conclusion of trial on the same conditions as earlier imposed upon him. 16. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 17. It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. October 6, 2025 Ankita ABAIL No. 6649 of 2021 2 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad