HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 46031 of 2024 Court No. - 70 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicant, learned AGA for the State- respondents and perused the record. 2. This bail application has been moved on behalf of accused-applicant Anil Kumar seeking enlargement on bail in Case Crime No.30 of 2024, under Section 409 IPC, Police Station- Cantt, District- Varanasi. 3. Learned counsel for the applicant submits that the accused-applicant has not committed any offence as alleged in the FIR and has been falsely implicated in this case. Applicant is languishing in jail since 16.10.2024 and suffering from physical ailments. It is submitted that the applicant was the employee of District Court, Varanasi and he is not the real beneficiary. It is further submitted that there is no eye-witness of the fact that the record has been lost by the applicant but it is admitted that departmental inquiry has been instituted against the applicant, in accordance with law, in which he has been found guilty and terminated from service. He further submits that the charge- sheet has been filed in this matter. It is lastly submitted that the conclusion of trial will take sufficiently long and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 4. Learned A.G.A. has vehemently opposed the submission of learned counsel for the applicant and submits that applicant has committed a very heinous crime and three records related to cases/civil cases have been lost from the possession of the accused applicant. 5. From the perusal of the records, it is clear that the FIR under Section 409 IPC was registered on 25.01.2024 by Sri Dinesh Kumar Mishra, Administrative Versus Counsel for Applicant(s) : Ajendra Kumar, Ankit Agarval, Shiv Singh Chaudhary Counsel for Opposite Party(s) : G.A. Anil Kumar .....Applicant(s) State Of U.P. Thro Principal Secretary Gov Of Up Lucknow .....Opposite Party(s) Officer of the Varanasi Judgeship. The fact has been clearly mentioned that applicant was the custodian of the records and the above records were lost from the possession of the applicant. Admittedly the applicant was held guilty in the final inquiry and he was punished by the appointing authority/competent authority. Six criminal cases have been registered against the applicant which are as follows:- "I. Case crime no.572 of 2023 Under Section 409 I.P.C. Police Station - Cantt District- Varanasi. II. Case crime no.575 of 2023 Under Section 409 I.P.C. Police Station - Cantt District- Varanasi. III. Case crime no.576 of 2023 Under Section 409 I.P.C. Police Station -Cantt District- Varanasi. IV. Case crime no.24 of 2024 Under Section 409 I.P.C. Police Station - Cantt District- Varanasi. V. Case crime no.30 of 2024 Under Section 409 I.P.C. Police Station - Cantt District- Varanasi. VI. Case crime no.31 of 2024 Under Section 409 I.P.C. Police Station - Cantt District- Varanasi." 6. All the above cases are related to the year 2023-24 and are of the same nature which have been registered under Section 409 IPC. The applicant is an employee of District Court, Varanasi and on the basis of his previous conduct it appears that if he is enlarged on bail he may pressurize or intimidate the prosecution witnesses or intervene the trial proceedings. 7. Without expressing any opinion on merits of the case and considering the submissions advanced, the role and involvement of applicant, criminal history of applicant, seriousness of case, gravity of the accusation, reasonable possibility of intimidating/pressurizing the prosecution witnesses and reasonable possibility to delay/intervene the trial proceeding, I find no good ground to grant bail to the applicant in the aforesaid case, at this stage. 8. The bail application is, accordingly, rejected. 9. The trial Court is directed to proceed the trial and to conclude the trial expeditiously, from the date of production of certified copy of this order without granting unnecessary adjournment, if there is no legal impediment. October 27, 2025 Bhanu BAIL No. 46031 of 2024 2 (Santosh Rai,J.) Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad