Neutral Citation No. - 2025:AHC:119323 Court No. - 82 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1238 of 2025 Applicant :- Bhupendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rajrshi Gupta,Ramesh Prajapati,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Rejoinder affidavit filed today on behalf of the applicant is taken on record. 2. Sri Manoj Kumar Singh, learned Brief Holder for the State apprised the Court that he has received instructions, therefore, instant anticipatory bail application may be finally disposed off. 3. Heard Sri Dileep Kumar, learned Senior Advocate assisted by Sri Ramesh Prajapati, learned counsel for the applicant and Sri Manoj Kumar Singh, learned Brief Holder for the State. 4. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 09 of 2021 (Criminal Case No. 66/1114/2024), under Sections 13(1)(B), 13(2) Prevention of Corruption Act, Police Station Agra Sector (Vigilance Department), District Agra with a prayer to enlarge him on anticipatory bail during trial. 5. Learned Senior Advocate appearing on behalf of applicant submits, applicant was posted as Junior Engineer in the Electricity Department and as per allegation he misused his position and earned property more than his income but entire allegation leveled against the applicant is totally false. 6. He further submits, during investigation applicant was not arrested and after service of notice under Section 41-A Cr.P.C. charge-sheet has been filed. 7. He further submits, as during investigation applicant has not been arrested, therefore, there is no occasion to send him jail after submission of the charge-sheet as now charge-sheet has been submitted in the matter. He further submits, there is no allegation that applicant did not cooperate with the investigation. 8. He further submits, on 05.03.2025 the co-ordinate Bench of this Court after considering the above facts enlarged the applicant on interim anticipatory bail, therefore, interim anticipatory bail granted to the applicant may be confirmed. 9. Per contra, learned AGA opposed the prayer for anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard both the parties and perused the record of the case. 11. However, it is a case of disproportionate income and as per allegation being Junior Engineer applicant misused his position and earned the property more than of his income but it reflects, during investigation applicant has not been arrested and after service of notice under section 41-A Cr.P.C. charge-sheet has been filed against him and there is no allegation that during investigation he did not cooperate with the investigation. 12. Further, now charge-sheet has been filed and after submission of charge-sheet when applicant filed anticipatory bail application then after considering above facts, co-ordinate Bench of this Court on 05.03.2025 enlarged the applicant on interim anticipatory bail. Further, as charge-sheet has already been filed therefore, there is no need of custodial interrogation of applicant and applicant is not having any criminal history. 13. Therefore, considering the facts and circumstances of the case, the interim anticipatory bail granted to the applicant vide order dated 05.03.2025 is hereby confirmed. Applicant shall remain on anticipatory bail till conclusion of trial on the same conditions which were earlier imposed by this Court vide order dated 05.03.2025. 14. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 15. It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 22.7.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad