Neutral Citation No. - 2025:AHC-LKO:7466 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2307 of 2024 Applicant :- Abhay Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko Counsel for Applicant :- Anurag Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard 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 accused-applicant on anticipatory bail in Case Crime No. 0829 of 2023, under sections 409, 420, 406 of the I.P.C., Police Station- Kotwali City, District-Hardoi. Contention of learned counsel for the applicant is that as per the prosecution story, from 05-10-2023 to 25-11-2023, about 2189 consumers informed the department that in the month of September, 2023, the bills deposited by them have not been deducted from their due amount and the department has concluded that all the payments have been made through the company operated by the applicant, which was providing door to door collection through its Cash Vans and the persons, who were operating the Cash Vans, were involved in committing the offence. It is further contended by the learned counsel for the applicant that the applicant is Director of e- wallet facility and the work of collection was never entrusted upon the applicant or his company and thus, the ingredients of Section 406 of the I.P.C. do not attract in the instant matter. He added that everything has been stated orally and there is no documentary evidence that the applicant was attributed the work of collecting the cash from the Cash Vans and the prosecution has also prima- facie, failed to establish the fact that there was any agreement in between the e-wallat facility company and the authorities of the department that the applicant was to collect the cash. He next added that the applicant has been made an escape goat and the offence is committed by someone else. Further submission is that the applicant has no previous criminal history and he is a law abiding citizen and he is always ready to cooperate in the investigation proceedings. He submits that there is an acute apprehension that the police will arrest the applicant and as such, he may be enlarged on anticipatory bail. Per contra, learned A.G.A. appearing for the State has opposed the contentions aforesaid and submits that though there was no agreement or any order or circular to entrust the work of collecting the cash by the present applicant or his company, but, he was infact entrusted with the work of the same on the ground that he was kept on working since last several years with the department and due to shortcoming of the employees, under the bonafide belief that he will collect the cash properly, he was entrusted the work of the same. He added that there is ample evidence against the applicant that he is involved in committing the offence and as such, he is not entitled for any relief. Having considered the submissions of learned counsel for the parties and after perusal of material placed on record, it transpires that though the allegation is levelled against the applicant that he has misappropriated the public money by committing cheat and fraud, but, there is no evidence that the work of collecting the cash from the cash vans is entrusted upon the applicant. Further, there is no previous criminal history of the applicant and there is no compliant that the applicant is not cooperating in the investigation proceedings and as per submission of learned counsel for the applicant that there is an apprehension that the police will arrest him and the applicant has undertaken that he will always cooperate with the trial proceedings. In view of the aforesaid, this court finds it a fit case for grant of anticipatory bail and therefore, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Abhay Kumar till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police ofÏcer 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 ofÏcer 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 :- 5.2.2025/AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench