HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1818 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in FIR No. 0363 of 2025, U/S 316 (5) B.N.S., 2023 (Erstwhile U/S 409 I.P.C.) Police Station Tikait Nagar District Barabanki. Heard learned counsel for the applicant and learned A.G.A. for the State. Notice to respondent no. 2 is dispensed with in view of the proposed order. The incident has been reported in connection with the recovery of Rs. 1,18,304/–, which constitutes one-third of the total recovery amounting to Rs. 3,29,274/–, alleging that the said amount was misappropriated during MNREGA work carried out in the concerned Gram Panchayat. Submission of learned counsel for the applicant is that the applicant is an officer of the State Government and no specific role has been attributed to him in the prosecution case. It is stated that payments were made by the complainant on the basis of recommendations arising out of the measurement book prepared by the Technical Assistant, co-accused Ram Pratap Singh, and the applicant had no role in the disbursement process. He has been falsely implicated. The offences are triable by a Magistrate, and the applicant undertakes to cooperate with the investigation. Learned counsel has further drawn the Court’s attention to Annexure-9, a Versus Counsel for Applicant(s) : Sanjay Kumar Singh, Shivangi Mishra Counsel for Opposite Party(s) : G.A. Kuldeep @ Kuldeep Kumar .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy., Deptt. Of Home, And Another .....Opposite Party(s) circular issued by the Gram Vikas Vibhag, which places responsibility for payments upon the Assistant Accountant and the Block Development Officer. It is submitted that the FIR has been lodged by the Accountant on the instructions of the Block Development Officer in an attempt to shield themselves. Learned counsel for the applicant further submits that if the accused is granted anticipatory bail, he undertakes to comply with all conditions imposed by the Court. He shall fully cooperate with the investigation and shall not misuse the liberty granted to him. Learned AGA has opposed the bail application. Considering that the applicant has no criminal antecedents, is a serving State Government officer, the offences are triable by a Magistrate, no specific role has been assigned to him, and upon perusal of the circular issued by the Gram Vikas Vibhag, along with the undertaking to cooperate with the investigation, this Court is of the view that the applicant is entitled to anticipatory bail in light of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his cooperation in the investigation. 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:- The applicant shall report to the investigating officer within twenty 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. The application is allowed. November 25, 2025/R.C. NABAIL No. 1818 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench