Neutral Citation No. - 2025:AHC-LKO:44532 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 572 of 2025 Applicant :- Anil Kumar Matanhelia Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko. And Another Counsel for Applicant :- Shailendra Pathak Counsel for Opposite Party :- G.A.,Indu Prakash Singh Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State. The present bail application has been filed seeking anticipatory bail in case crime No. 116 of 2025, under Sections 420 and 409 IPC, Police Station Kotwali Dehat, District Bahraich. The Co-ordinate Bench of this Court vide order dated 30.05.2025 has passed the following order:- "1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State while power on behalf of opposite party no.2 has been filed by Mr. I.P. Singh, Advocate, which is taken on record. 2. This first anticipatory bail application has been filed with regard to FIR No. 116 of 2025, under Sections 420 and 409 IPC, Police Station Kotwali Dehat, District Bahraich. 3. As per contents of FIR, allegation levelled against applicant that he is the former President of the Committee of Management of Society and has unauthorizedly transferred an amount of Rs.2,00,00,000 (two crores) from the account of Institution to one realty firm namely Vaibhav Buildtech Private Limited without any authoriziation or even any receipt or agreement being in the books of account. 4. It is submitted that applicant has falsely been implicated in allegations levelled against him only on account of dispute between the rival Committees of Management. It is submitted that investigation with regard to said allegation is still ongoing in which applicant undertakes to cooperate. It is submitted on the basis of instructions that in case the transfer of said amount is found to be unauthorized, the applicant undertakes to return the said amount to the institution. 5. Learned Additional Government Advocate as well as learned counsel for opposite party no.2 have opposed anticipatory bail with submission that there is not even a single paper indicating authorization by the Committee of Management with regard to transfer of such hefty amount as Rs.2,00,00,000/- (two crores) from the account of institution. Learned A.G.A. however, admits that investigation in the matter is still ongoing and that the applicant does not have any previous criminal history. 8. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, subject to further evidence being led in trial, it appears that primary gist of allegation levelled against applicant pertains to transfer of Rs.2,00,00,000/- (two crores) into the accounts of realty firm without authorization. The investigation is still ongoing in which applicant undertakes to cooperate. 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. 9. List this case on 03.07.2025, as fresh, showing the name of Sri I.P. Singh as counsel for opposite party. 10. Objections may be filed in the meantime. 11. Learned A.G.A. shall obtain instructions by the next date of listing regarding applicant's cooperation in the investigation. 12. In view of the above, it is provided that in the event of arrest, applicant Anil Kumar Matanhelia shall be released on interim anticipatory bail in aforesaid complaint case number on his/her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/I.O/S.H.O concerned with the following conditions:- (1) That the applicant shall make himself/herself available for interrogation by a police authorities as and when required and will cooperate with the investigation; (2) That the accused-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 to any police officer; (3) That the applicant shall not leave the country without the previous permission of the Court. (4) In case of default of any condition, it would be open for the Investigating agency to move application for vacation of this order." Learned counsel for the applicant submits that there is nothing on record to show that applicant has not cooperated in the investigation. In compliance of the order passed by the court, he has filed the bonds and has been released on interim anticipatory bail. He has further undertaken to co-operate in the investigation. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer made by learned counsel for the applicant submitting that the investigation is going on. Learned counsel for the applicant further submits that he will cooperate in the investigation. Without expressing any opinion on the merits of the case and considering the nature of accusation and the fact that offences are triable by magistrate, applicant has not misused the liberty of interim bail granted to him, coupled with the undertaking given by the applicant that he will cooperate in the investigation as also the interim protection granted by this Court vide order dated 30.05.2025 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. The application stands allowed. Order Date :- 31.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench