HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1301 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.202 of 2012 under sections 406, 409, 420, 120B I.P.C., 13 -B, P.C. Act, P.S. Kotwali Nagar, district Gonda. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.It is alleged in the prosecution case that the firm M/s Dwivedi Enterprises and M/s Prem Enterprises were required to supply 50000 of cement bags, however, as per terms of the contract, supply was not made and payment was made. The co-accused persons have embezzled the government money. Allegation against the applicant is that while posted as Assistant Engineer, he has facilitated payment to the co-accused persons without there being total supply of cement. 4.Learned counsel for the applicant submits that initially, investigation was carried out by the civil police, later on, it has been transferred to EOW. The investigation is still going on. The accused applicant is not named in the first information report. Incident pertains to Saryu Drainage Division-I, Gonda. At the relevant time, the applicant was posted in Saryu Versus Counsel for Applicant(s) : Pravin Kumar Singh, Anupama Bhadauria Counsel for Opposite Party(s) : G.A. Dinesh Pal Verma .....Applicant(s) State Of U.P Thru. Addl. Chief Secy. Home Deptt. Govt. Lko. .....Opposite Party(s) Drainage Khand 3, district Gonda. He is not involved in the matter. The co-accused Santosh Kumar Srivastava who was also an Assistant Engineer has been protected by order dated 21.8.2025 passed by a division Bench of this court in Crl. Misc. W.P. Petition 16313 of 2025 (order is at page 77 of paper book). It is submitted that the supplier Prem Prakash Pandey has been granted anticipatory bail by this court vide order dated 7.8.2024 passed in anticipatory Bail No.1396 of 2024 which is filed along with the bail application at page 73 of the paper book. It is submitted that the applicant has cooperated in the investigation and he has submitted his reply to the notice issued under Section 41-A CrPC. Learned counsel for the applicant further undertakes that the applicant shall cooperate in the investigation. The applicant is aged about 59 years of age having no criminal history. 5.Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel but could not dispute the argument advanced by learned counsel for the applicant. 6.Considering the above aspects of the matter, the fact that the applicant has no criminal history, the co-accused Santosh Kumar Srivastava has been protected by a Division Bench of this court as noted above, another co-accused Prem Prakash Pandey too has been granted anticipatory bail, as referred to above, the applicant is not named in the first information report, the applicant has cooperated in the investigation, the undertaking given on behalf of the applicant that he will cooperate in the ongoing investigation, age of the applicant, perusal of the record, as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 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 in the event of arrest, 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 investigating officer/S.H.O. ABAIL No. 1301 of 2025 2 The applicant shall report to the investigating officer within 20 days from the date of receipt of a certified copy of this order. The investigating officer shall enlarge the applicant on anticipatory bail, as directed above. 8.The applicant shall cooperate in the investigation and he will not influence the witnesses. The applicant shall not leave India sans previous permission of the Court. In case of default, it would be open for the investigating agency to proceed in accordance with law/ to move application for vacation of this order. 9.The application is allowed accordingly. November 20, 2025 kkb/ ABAIL No. 1301 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench