HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1293 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.0151 of 2023 under section 409 I.P.C., P.S. Kohdaur, district Pratapgarh. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.It is alleged in the prosecution case that during verification of documents, it revealed that sale proceeds of the fertilizers which was a public money have not been deposited in the bank by the applicant but for his own interest has usurped that money. 4.Learned counsel for the applicant submits that the applicant has been falsely implicated. He is innocent. The applicant is presently posted as Secretary, Sadhan Sahkari Samiti Limited, Narharpur, Block Magraura, district Pratapgarh. It is submitted that the applicant's salary for the last 60 months has not been paid. The alleged amount of embezzlement is only Rs.2,45,746/-. He has already given an application to the competent authority to adjust the said amount from his due salary which is still to be paid. The offence is triable by Magistrate. 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 Versus Counsel for Applicant(s) : Umesh Chandra, Desh Raj Chaurasiya Counsel for Opposite Party(s) : G.A. Girija Shankar Chaubey .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) applicant's counsel but could not dispute the argument advanced by learned counsel for the applicant. 6.Considering the above aspects of the matter, the fact that the applicant has no criminal history, the offences are triable by Magistrate, the undertaking given on behalf of the applicant that he will cooperate in the ongoing investigation, application dated 7.4.2023, contained in Annexure No.4 to the bail application, perusal of the record, as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 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 investigating officer/S.H.O. The applicant shall report to the investigating officer within seven days from the date of receipt of a certified copy of this order. The investigating officer shall enlarge the applicant on anticipatory bail, as directed above. 8.The applicant shall cooperate in the investigation and he will not influence the witnesses. The applicant shall not leave India sans previous permission of the Court. In case of default, it would be open for the investigating agency to proceed in accordance with law/ to move application for vacation of this order. 9.The application is allowed accordingly. November 19, 2025 kkb/ ABAIL No. 1293 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench