Neutral Citation No. - 2025:AHC-LKO:14917 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2483 of 2024 Applicant :- Rajjanlal Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Abdul Samad,Sonu Gupta Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. In compliance of the order dated 7.3.2025, Mr. Shiv Kumar Mishra, Inspector, PS- Kotwali Nagar, Raebareli is present before this Court. He on the basis of evidence submits that the amount alleged to be misappropriated by the applicant was deposited by him to the Manager of World Ayush Foundation International Trust, Varanasi on 20.02.2010. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. The present application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 2057C of 2010, under Sections 409,420,120B I.P.C., P.S.- Kotwali Nagar, District- Raebareli. It has been argued by the counsel for the applicant that though, there is an allegation in the FIR that the public fund has been misappropriated by the applicant, whereas he has taken a specific plea in para no. 16 of the bail application that he has deposited the amount of Rs. 17,30,616/- to the Manager of World Ayush Foundation International Trust, Varanasi on 20.02.2010 and while filing the counter affidavit, the same has been admitted in para no. 9 thereof. He submits that in fact, under some misconception, the present applicant has been implicated, though he was never involved in committing any offence. He next submits that the charge-sheet has been filed and there is no complaint that the applicant has ever absconded. He also submits that the applicant has no previous criminal history and, therefore, no further custodial interrogation is required in this matter, thus, submission is that the applicant may be granted anticipatory bail. Learned AGA appearing for the State has submitted that in reply to para no. 16, the facts are admitted. Considering the aforesaid submissions of the learned counsel for the parties and after perusal of material placed on record, it transpires that the applicant has cooperated in the investigation proceedings and the charge-sheet has been filed. Further, the main allegation with respect to misappropriation of the alleged amount is not proved as the same is itself admitted by the State counsel that the applicant has deposited the amount alleged to be misappropriated to the Manager of World Ayush Foundation International Trust, Varanasi on 20.02.2010. Thus, no further custodial interrogation seems to be required. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Rajjanlal Srivastava 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 order. Personal appearance of the investigating officer present is hereby exempted. Order Date :- 11.3.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench