HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1321 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.1425 of 2009 under sections 3/7 Essential Commodities Act, P.S. Kotwali Nagar, district Balrampur. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.Learned counsel for the applicant submits that earlier, vide order dated 18.11.2009 (Anneuxre-7), passed in Misc. Bench No.10749 of 2009, the applicant's arrest was stayed by a Division Bench of this Court. The petition came to be disposed of vide order dated 18.7.2021. Since then, the applicant has not received any notice, summon/warrant. Charge sheet has already been filed. The Division Bench while granting interim order has examined the merit of the case. The offences are punishable upto seven years. The applicant has cooperated during investigation and no purpose will be served after filing of the charge sheet to send the accused applicant behind bar. The applicant is 71 years old having no criminal antecedent. 4.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.He submits that the charge sheet was filed way back in Versus Counsel for Applicant(s) : Shashwat Vidyarthi, Aviral Singh Counsel for Opposite Party(s) : G.A. Brij Kishore Modi .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s) the year 2011. 6.Considering the above aspects of the matter, perusal of the record, the applicant was not arrested during investigation, the undertaking given on behalf of the applicant that he shall cooperate in the trial, role assigned to the applicant, he has no criminal antecedent, applicant is 71 years of age, 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. November 27, 2025 kkb/ ABAIL No. 1321 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench