Neutral Citation No. - 2025:AHC-LKO:42423 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 805 of 2025 Applicant :- Hira Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Vivek Pandey,Jagriti Bardhan Rao,Jyotika Yog Sharma 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.76/2006 under sections 409, 420, 218 I.P.C., P.S. Karnailganj, district Gonda. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. Notice to respondent No.2 is dispensed with in view of the proposed order. 3.In the prosecution case, it is alleged that on 16.5.2006 at about 6.40p.m., the complainant verified the pistols of the Malkhana. The keys of malkhana and G.P. list were allegedly present with Ram Kumar Singh, Head Moharrir. G.P. list was summoned from Ram Kumar Singh and lock was opened by him. On verification, two magazines of pistol Nos.15338776 and 16216286 along with 87 cartridges were found present, however, one pistol No.15334619 along with magazine has been found missing from the malkhana. Learned counsel for the applicant submits that the applicant was posted as Inspector at that time in the concerned police station. The key of malkhana was with Ram Kumar Singh and not with the applicant. He conducted inspection in the presence of Ram Kumar Singh. The incident is of 2006. The applicant has retired way back. He is presently 72 years old. The applicant has no criminal antecedent. Charge sheet has been filed. 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 and submits that against the applicant, non bailable warrant has been issued and proceedings under sections 82/83 CrPC have been initiated. 5.Considering the above aspects of the matter, perusal of the record, charge sheet has been filed, the applicant has no criminal antecedent, the applicant is 72 years old, judgment of Supreme Court in Asha Dubey versus The State of M.P. Criminal Appeal No.4564 of 2024 and without entering into the merit of the case, it would be appropriate 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 :- 24.7.2025/kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench