HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1292 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.83 of 2004 under sections 409, 120-B I.P.C., P.S. Gomti Nagar, district Lucknow. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.The allegation in the prosecution case is against three persons, namely Uuvraj Singh alias Yuvraj Bhatnagar (applicant), Girdhari Lal Tandon and Sunil Kumar Bhatia. It is alleged that on the basis of the proposal submitted by M/s Rohilkhand Agro & Dairy Private Limited which was engaged in the manufacturing of rubberised coir products, the Pradeshiya Industrial and Investment Corporation of U.P. (PICUP) sanctioned loan of Rs.54.70 lacs against the total project of Rs.80 lacs in the year 1990. The company availed the said loan amount and rest of the amount of Rs.27 lacs was contributed by the company. For various reasons beyond the control of the company, the company was closed as non-production unit and it was attached finally by the PICUP on 23.1.1991. After attachment of the company in the year 1991, the unit was auctioned by PICUP for a consideration of Rs.45 lacs and purchased by M/s Coir Specialities Limited. In short, three charges have been levelled on the accused that in case of Versus Counsel for Applicant(s) : Pranjal Jain, Nitin Mathur Counsel for Opposite Party(s) : G.A. Yuvraj Singh @ Yuvraj Bhatnagar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) default, the company directors and Guarantors executed a guarantee document to the effect that the balance, if any would be paid by them; secondly, during the recovery proceedings initiated under section 5 of U.P. Public Debt Recovery Act, 1972, the Collector intimated that the properties in the name of the applicant are not in his name nor he resides on the said address, and for other two Directors also, the same reports were submitted; and thirdly, the disbursement was obtained on the basis of conspiracy and forged papers and thus the present first information report has been registered. 4.Learned counsel for the applicant submits that the loan was sanctioned in the year 1990. The unit was sold in the year 1992 and the first information report has been registered after fourteen years of delay. The investigation continued for 21 years from the date of the first information report and 35 years from the date of sanction of loan. Although the first information report was lodged for the offence under sections 406, 420, 467, 468, 471, 120-B I.P.C., after 21 years, charges of cheating, forgery of valuable security, forgery for the purpose of cheating and using forged documents as genuine have been dropped and now only charges of criminal breach of trust under section 409 I.P.C. and criminal conspiracy under section 120-B I.P.C. have been been attributed to the applicant. It is submitted that no other officer from the PICUP has been named in he first information report. Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation. 5.Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. He submits that the forgery was committed by the company while obtaining loan. Upon a query made by court, he could not inform as to whether any action has been taken for disbursement of such loan against the officers of the PICUP by the prosecuting agency. 6.Considering the above aspects of the matter, the fact that the applicant has no criminal history, the undertaking given on behalf of the applicant that he will cooperate in the investigation/trial, delay in lodging the first ABAIL No. 1292 of 2025 2 information report, age of the accused applicant, prima facie the dispute appears to be of civil nature, 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 arresting officer. 8.The applicant shall cooperate in the investigation/trial and he will not influence the witnesses. In case of default, it would be open for the investigating agency/trial court to proceed in accordance with law. 9.The application is allowed accordingly. November 19, 2025 kkb/ ABAIL No. 1292 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench