HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1219 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present bail application has been filed by the applicant apprehending his arrest in Case Crime No. 148 of 2006, under Sections 467, 468, 471, 477A, 409, 420, 120-B I.P.C, Police Station Motipur, District Bahraich. 3. In the prosecution case, it is alleged that the applicant, who was the employee of the Awadh Fertilizer Limited, has been assigned role of doing fraud. 4. Learned counsel for the applicant submits that the owner of the company namely Mahesh Maheswari has been enlarged on bail. He further submits that till date, no chargesheet has been filed. 5. It is also submitted that the applicant has cooperated during the course of investigation and further undertakes to cooperate in the investigation. 6. Learned A.G.A. has opposed the application and has submitted that the investigation is going on. 7. On due consideration of the facts that the offence is triable by a Magistrate, the applicant is presently of 76 years of age, perusal of the F.I.R shows that regarding an incident which occurred in the year 1998-1999, 1999-2000, an F.I.R came to be lodged on 22.03.2006, the chargesheet against the applicant has not been filed yet, this fact has not been disputed by learned A.G.A; the Versus Counsel for Applicant(s) : Ashish Raman Mishra Counsel for Opposite Party(s) : G.A. Subhash Chandra Maheshwari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. And Another .....Opposite Party(s) fact that the co-accused persons namely Manish Maheshwari, Rishi Maheshwari, Rupesh Maheshwari, Mukesh Maheshwari, who were assigned similar role, have been granted by co-ordinate bench of this court, bail orders are annexed as Annexure no. 6, 7 to the bail application, the applicant has no criminal antecedents, and in view of the undertaking given on his behalf to cooperate with the investigation; the fact that applicant has no previous criminal history, this Court is of the considered opinion that the applicant is entitled to be granted anticipatory bail in light of the judgment of the Hon'ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his continued cooperation in the investigation. 8. 8. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- 9. The applicant shall report to the investigating officer within ten days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. 10. The Anticipatory bail application is allowed. November 14, 2025 DiVYa ABAIL No. 1219 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench