HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3191 of 2023 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Instant anticipatory bail application has been connected with Anticipatory Bail Application No. 13343 of 2022 (Sri Udai Pratap vs. State of U.P.) but it reflects, none is present on behalf of Sri Udai Pratap, therefore, instant anticipatory bail application is disconnected with the connected matter (Anticipatory Bail Application No. 13343 of 2022). 2. Heard Sri Surendra Vikram Singh, learned Advocate holding brief of Sri Rajesh Pratap Singh, learned counsel for the applicant and Sri Manoj Kumar Singh, learned brief holder for the State. 3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 115 of 2015 under Sections 419, 420, 467, 468, 471, 474 IPC, 65, 66 I.T. Act and Section 7/13 Prevention of Corruption Act, 1988 Police Station-Sidari, Police Station-Azamgarh, with a prayer to enlarge him on anticipatory bail. 4. Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter during investigation. He further submitted that after considering entire facts in detail on 29.03.2023 co-ordinate Bench of this Court was pleased to enlarge him on interim anticipatory bail and since then he is on anticipatory bail. He further submitted that applicant is continuously attending the trial court and there is no allegation that he misused the liberty granted by this Court vide order dated 29.03.2023. 5. He further submitted that charge sheet has been filed therefore, even after submission of charge sheet custodial interrogation of the applicant is not required. Versus Counsel for Applicant(s) : Rajesh Pratap Singh, Sr. Advocate Counsel for Opposite Party(s) : G.A. Satya Dev Singh .....Applicant(s) State of U.P. .....Opposite Party(s) 6. He further submitted that however, apart from the present case, applicant is having criminal history of one another case but facts of both the cases are same and with similar allegation, he has been made accused in both the cases. 7. He further submitted that considering the above facts, interim anticipatory bail granted to the applicant vide order dated 29.03.2023 may be confirmed and applicant may be permitted to remain on anticipatory bail till conclusion of trial. 8. Per contra, learned AGA, however, opposed the prayer for grant of anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard both the parties and perused the record of the case. 10. However, as per allegation, applicant along with others misappropriated the public fund by committing cheating and forgery but it reflects, FIR of the present case was lodged in the year 2015 against unknown persons and during investigation, applicant has been made accused in the matter. 11. Record suggests that when applicant filed instant anticipatory bail application before this Court then on 29.03.2023 co-ordinate Bench of this Court was pleased to enlarge him on interim anticipatory bail and there is no allegation that applicant misused the liberty granted to him by co-ordinate Bench of this Court. 12. Record further suggests that now charge sheet has been filed and it appears, after submission of charge sheet custodial interrogation of the applicant does not appear to be necessary. 13. Further, however, apart from the present case, applicant is having criminal history of one another case but facts of both the cases are same and with similar allegation, he has been made accused in both the cases. 14. Therefore, considering the facts and circumstances of the case discussed above, interim anticipatory bail earlier granted to the applicant vide order dated 29.03.2023 is hereby confirmed. Applicant shall remain on anticipatory bail till conclusion of trial on the same conditions as earlier imposed upon him by this Court vide order dated 29.03.2023. 15. The instant anticipatory bail application stands allowed. 16. It is made clear that observations made in granting anticipatory bail to ABAIL No. 3191 of 2023 2 the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 9, 2025 KK Patel ABAIL No. 3191 of 2023 3 (Sameer Jain,J.) Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad