HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1044 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Umesh Singh, the learned counsel for the applicant, Sri Ashok Kumar Srivastava, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on anticipatory bail in Case Crime No.45 of 2021, under Sections 409, 420, 34 & 120-B I.P.C., registered at Police Station Qaisarbagh, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.03.2021 against the then Vice Chancellor of Bhatkhande Sangeet Sansthan and unnamed employees of Bhartkhande Sangeet Sansthan, stating that the Vice Chancellor of the University had got certain works carried out without adopting the due procedure and without inviting tenders. 4. During investigation, it has come to light that the applicant had made certain repair works worth Rs.4,40,000/- in the university without any tenders having been invited or auction having been made merely after inviting quotations. 5. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. It has also been submitted on behalf of the applicant that co-accused Kundan Singh has already been granted bail by this court by means of an order dated 15.09.2025, passed in Criminal Misc. Bail Application No.8825 of 2025. Versus Counsel for Applicant(s) : Umesh Singh Counsel for Opposite Party(s) : G.A. Kishore Kumar Sharma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 6. Learned A.G.A. has opposed the anticipatory bail application and he has submitted that the investigation has established the complicity of the applicant in commission of the offences and a charge sheet has been submitted against him on 26.07.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no criminal history; the investigation stands concluded; several co-accused persons have already been granted anticipatory bail/bail and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Kishore Kumar Sharma before the learned Trial Court in the aforesaid case crime, he shall be released on bail 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 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. September 18, 2025 Ram. ABAIL No. 1044 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench