HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1109 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.602 of 2005 under sections 409, 420, 467, 468, 471, 204 I.P.C., P.S. Haidergarh, district Barabanki. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. Notice to respondent No.3 is dispensed with. 3.It is alleged in the prosecution case that while the accused applicant was posted as Secretary,Sadhan Sahkari Samiti Limited, Kolhada Vikas Khand, Trivediganj, on a complaint, an enquiry was conducted and embezzlement of Rs.1,63,006.91 and Rs.30,285.45 was found to have been committed by the applicant. 4.Learned counsel for the applicant submits that the accused applicant is 64 years old. He has retired on 24.1.2024. He was in public service. All throughout, he has never received any notice by the investigating officer nor an process has been served upon him nor an effort has been made by the prosecution to arrest him. Only after his retirement, in the year 2025, he came to know that non-bailable warrant has been issued. Charge sheet has already been filed way back and no useful purpose will be served to send the accused behind bar. The alleged embezzlement amount has been deposited by the applicant in the department. The deposit receipt is on record. Versus Counsel for Applicant(s) : Sagar Singh, Shri Ram Maurya Counsel for Opposite Party(s) : G.A. Phool Chandra Varma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 2 Others .....Opposite Party(s) The applicant has explained criminal history of one case in the supplementary affidavit filed today which is taken on record. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 5.Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel and submits that non-bailable warrants have been issued since long. 6.Considering the above aspects of the matter, perusal of the record, the applicant is a retired officer, charge sheet has already been filed, the undertaking on behalf of the applicant that he shall cooperate in the trial, judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 7. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. 8. In case of default, it would be open for the trial court to proceed in accordance with law. 9. The application is allowed accordingly. October 7, 2025 kkb/ ABAIL No. 1109 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench