Neutral Citation No. - 2025:AHC-LKO:5642 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 38 of 2024 Applicant :- Kuldeep Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. Lko Counsel for Applicant :- Anurag Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard Shri Anurag Kumar Singh, learned counsel for the applicant, learned AGA for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant- Kuldeep Singh on anticipatory bail in Case Crime (FIR) No. 210 of 2024, under Sections 316(5), 319(2), 318(4) BNS, 2023, Police Station Jamo, District Amethi. From perusal of the order sheet, it appears that on 19.09.2024, following order was passed wherein the present applicant has been granted interim anticipatory bail:- "The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/FIR No. 210/2024, under Sections 316(5), 319(2), 318(4) of BNS, P.S. Jamo, District Amethi. Heard learned counsel for the applicant and learned A.G.A. for the State. The first information report was lodged on 09.08.2024 by Assistant Registrar, Cooperative Societies, Amethi, U.P. alleging occurrence on 03.07.2024 that Multi Purpose Primary Agriculture Cooperative Credit Society, Sirkhiri was operating Wheat Purchase Center at Sirkhiri. The Purchase Center was being operated from one room owned by the Chairman of the Society Sri Ajay Singh Chauhan as the Godown of the Society was in a dilapidated stage and out of the total purchase of 3628.50 quintals of wheat from 51 farmers only 1099.92 quintals has been supplied at the FCI Depot by the Secretary of the Society Kuldeep i.e. the applicant. It has also been alleged that at the time of inspection the Incharge Secretary i.e. the applicant was not present at the Purchase Centre and the one Room godown situated in the house of Ajay Singh was found to be empty. Thus it has been assumed that total 2528.58 quintals wheat having value of Rs. 64,87,752.00 has been misappropriated by the applicant. Learned counsel for the applicant submits that admittedly in the FIR, there was no storage facility due to the dilapidated condition of the go-down of the society and therefore, the storage was made six kilometers away in the house of one Ajay Singh Chauhan (President of the Society). It has been further submitted that no offence under Section 316(5), 319(2) and 318(4) of BNS is made out. Criminal breach of trust and cheating cannot be committed in the same transaction. There is no entrustment to the applicant in the present case as the money is directly transferred by the State Government in the accounts of the farmers, thus, offence under Section 316(5) of BNS is not made out. The applicant has not induced the delivery of any property by pretending to be some other person or otherwise, therefore, offences under Section 318(4) and 319(2 of BNS are also not made out. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. He has no criminal antecedent. Learned Addl. Government Advocate prays for and is allowed ten days' time to file counter affidavit. List on 03.10.2024. On due consideration to the fact that offences are triable by magistrate; criminal breach of trust and cheating cannot be committed in the same transaction; the applicant is not a previous convict and having no criminal history and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, as an interim measure, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C. Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned with the following conditions:- (1) The applicant shall cooperate in the trial and he will not influence the witnesses. (2) The accused-applicant will remain present on each and every date fixed by the trial court. (3) The applicant shall not leave India without previous permission of the Court." From perusal of the order dated 19.09.2024, it transpires that State counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on an interim anticipatory bail after thoroughly considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceeding or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Kuldeep Singh till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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 to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 27.1.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench