Neutral Citation No. - 2025:AHC-LKO:40695 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 787 of 2025 Applicant :- Om Prakash Tiwari Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. /Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Julfikar Ahmad,Mahmood Alam Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.117 of 2006 under sections 467, 468, 471 I.P.C., 13(1)D of Prevention of Corruption Act, P.S. Nawabganj, district Gonda. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.Learned counsel for the applicant submits that the applicant a retired Seasonal clerk. He is 70 years old. Charge sheet against the applicant has been filed in the year 2010. The controversy relates to the year 1996-1997, i.e. about 27 years back. The applicant being Seasonal Clerk cannot commit forgery in survey of the land as the responsibility of conducting survey is of Cane Development Inspector and not a Seasonal clerk. It is a technical post. The applicant does not hold a technical qualification. Custodial interrogation is not required in this case. The co-accused Raghav Singh, Cane Development Inspector has been granted anticipatory bail by a coordinate Bench of this Court vide roder dated 27.9.2022 passed in Anticipatory Bail No.1603 of 2022. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 4. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 5. On due consideration to the fact that the incident is of 1997, the applicant is a 70-year-old retired Seasonal Clerk, the charge sheet has been filed, custodial interrogation is not required, co- accused Raghav Singh has been granted anticipatory bail, and in view of the judgment of the Hon’ble Supreme Court in Musheer Alam v. State of U.P. (2025 SCC OnLine SC 116), it would be appropriate, without expressing any opinion on the merits, to grant protection to the applicant. 6. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. 7. In case of default, it would be open for the trial court to proceed in accordance with law. 8. The application is allowed accordingly. Order Date :- 16.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench