Neutral Citation No. - 2025:AHC-LKO:37240 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 745 of 2025 Applicant :- Mohamad Irfan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Alok Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present bail application has been filed by the applicant under Section 438 Cr.P.C. apprehending his arrest in case crime/FIR No. 248 of 2019, under Section 120-B I.P.C. & Section 3/7 of Essential Commodities Act, P.S. Itiya Thok, District Gonda. Heard learned counsel for the applicant and learned A.G.A. for the State. In the prosecution's case, it is alleged that the fair price shop dealer of Gram Panchayat Itiya Thok, District Gonda has not distributed ration to the beneficiaries in accordance with the law. Consequently, directions were issued for registration of an FIR. Learned counsel for the applicant submits that the applicant is only a member of the Gram Panchayat and his role is distinct from the role of Gram Pradhan. It is further submitted that co- accused Rakesh Kumar Soni has already been granted anticipatory bail by this Court vide order dated 02.06.2025, passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 198 of 2025. He seeks parity with the order of co- accused Rakesh Kumar Soni. It is also submitted that a charge sheet has been filed against the applicant under Section 3/7 of the Essential Commodities Act and Section 120-B IPC. However, charges under Sections 409, 420, 467, 468, and 471 IPC were dropped during investigation due to lack of evidence against the applicant. The applicant does not have any criminal history. Learned A.G.A. has vehemently opposed the bail application, however, could not dispute the fact that the applicant has no criminal history. Having regard to the judgment of the Hon’ble Supreme Court in Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116, coupled with the fact that the applicant has no criminal antecedents, the charge sheet has already been filed, and the undertaking given on behalf of the applicant to cooperate in the trial, I am of the considered opinion that the applicant is entitled to be granted anticipatory bail in view of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his cooperation in the trial proceedings. In view of the above, the accused-applicant is directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on anticipatory bail, subject to his furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) 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 from disclosing such facts to the court or tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) 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. 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. In view of the aforesaid, the application is allowed. Order Date :- 2.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench