HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1225 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.129 of 2021 under sections 409, 420, 467, 468, 471, 477A, 120B, 201 I.P.C., 13(1)(b) read with 13(2) P.C. Act, P.S. Jariya District Hamirpur. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.It is alleged in the prosecution case that while the applicant was posted as Clerk in Nagar Panchayat, Sarila, he has withdrawn Rs.89 lacs through cheque. It is also alleged that in connivance with co-accused person, Mahendra Kumar Rajput, Proprietor of M/s Jyoti Construction and Suppliers as well as Malkhan Singh, Proprietor of Baba Barfani and Mr. Anwar Mohammad, Proprietor of Diamond Tubewell have been paid excess amount to the tune of Rs.1,19,09,153/-. 4.Learned counsel for the applicant submits that the applicant was employed as a Clerk. He was neither the drawing nor disbursing authority. Being posted as Clerk, he had only forwarded the cheques and all the cheques have been signed by the Executive Engineer and counter signed by Chairman, Nagar Panchayat. No withdrawals have been made by the applicant and there is no inter connected banking transactions to the bank account of the applicant. Relating to the incident which took placed in 2010-12, charge sheet has been filed on 4.10.2023. The Versus Counsel for Applicant(s) : Anuuj Taandon Counsel for Opposite Party(s) : G.A. Raghvendra Singh .....Applicant(s) State Of U.P Thru. Prin. Secy. Home Civil Sectt. Lko. .....Opposite Party(s) applicant has cooperated in the investigation. His statement under section 161 CrPC has been recorded way back on 6.3.2023. He undertakes to cooperate in the trial. The applicant was not caught red handed. Ingredients to attract offence under Section 409 IPC as well as other sections are missing. 5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 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, charge sheet was filed in the year 2023, the co-accused Dinesh Kumar who was supplier has been granted anticipatory bail vide order contained in Annexure No.4, the applicant has no criminal antecedent, 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 6, 2025 kkb/ ABAIL No. 1225 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench