HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 927 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Purnendu Chakravarty, learned counsel for the applicant; Sri Avishesh Kumar Singh, learned Addl. Government Advocate, and perused the record. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.0027 of 2021, under Sections 409, 420, 467, 468, 471, 120-B I.P.C, registered at Police Station SIT, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.07.2021 against 14 persons- 12 office bearers of various Educational Institutes and two government officials (including the applicant), who were working as Social Welfare Officer at the relevant point of time and unknown employees of the Institutions and officers of the Government, stating that in furtherance of a complaint dated 19.06.2019, a Special Investigation Team was constituted, which conducted an enquiry and submitted a report to a Committee constituted by the Government and in the meeting of the Committee held on 27.05.2021 further action was directed. 4. The F.I.R. states that upon a scrutiny of all the documentary evidence collected during enquiry and physical verification of the students it came to light that although there was a complaint of embezzlement of Rs.200 crore in payment of scholarship to students belonging to Schedule Castes and Schedule Tribes categories, merely Rs. 58 crore had been drawn by the concerned Institutes. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has falsely been implicated in the present case. 6. The learned counsel for the applicant has submitted that the applicant's involvement in another case has been disclosed in para 24 of the affidavit, in which the applicant was enlarged on bail on 30.08.2012. He further submitted that the applicant is retired from service and presently he has attained the age of 63 years. He further submitted Versus Counsel for Applicant(s) : Pranjal Jain, Purnendu Chakravarty Counsel for Opposite Party(s) : G.A. Paritosh Kumar Srivastava .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) that 15 co-accused persons, all of whom are related to various Educational Institutes, have already been granted anticipatory bail in the present case. 7. The learned A.G.A. has opposed the anticipatory bail application but he could not dispute the aforesaid aspects of the matter. 8. Having considered the aforesaid facts and circumstances of the case and keeping and view the fact that the complaint lodged in the year 2019 alleges embezzlement of Rs. 200 crores; that after enquiry, the S.I.T. found that the aforesaid disbursal of scholarship to students of 8 Institutes was Rs. 58 crores; that the FIR alleges wrongful drawal of scholarship in respect of two students to the tune of approximately 2.25 lakhs; that it appears that the amount was actually paid to the students through bank- drafts, and when the students did not continue with their studies in the Institution in question, the amount was repaid to the Department; that as per the averments made in the F.I.R., enquiry has already been completed and all the documentary and other evidence has already been collected, and the F.I.R mentions wrongful drawal of scholarship by two students of Institute to the tune of approximately Rs. 2.25 lakhs and that the applicant is a retired government official, I am of the view that the applicant is entitled to be granted anticipatory bail. 9. Accordingly, anticipatory bail application stands allowed with a direction that in the event of arrest/ appearance of applicant- Paritosh Kumar Srivastava before the learned Trial Court, he shall be released on anticipatory bail in the aforesaid case crime on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicant shall make themselves 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. August 28, 2025 Preeti. ABAIL No. 927 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench