HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1959 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard Dr. Amrendra Nath Tripathi, learned Senior Advocate assisted by Sri Sanjeev Kumar Mishra, Advocate, Sri Shailendra Kumar Tiwari, Advocate and Sri Amritanshu Tripathi, Advocate, counsel for the applicant and learned Additional Government Advocate for the State. In view of order proposed to be passed, notice to respondent No.2 is dispensed with. The present anticipatory bail application has been filed seeking anticipatory bail in Case Crime No. 0006 of 2025, under Section 409 IPC, P.S.- Malhipur, District-Shrawasti. In the prosecution case, it is alleged that applicant is serving as Teacher in the Education Department on the basis of forged documents. Submission of learned counsel for the applicant is that earlier an FIR was registered under Sections 419, 420, 467, 468, 471 IPC, P.S.-Malhipur, District-Shrawasti against the applicant. In that case, applicant granted anticipatory bail by the trial Court concerned vide order contained as Annexure No. 5 to the bail application. Investigation was concluded and a charge sheet was filed in the aforesaid Sections with the addition of Section 409 IPC. The applicant has filed anticipatory bail before the trial Court regarding Section 409 IPC, which has been rejected and against this, present Versus Counsel for Applicant(s) : Sanjeev Kumar Mishra, Abhinav Nath Tripathi, Jay Karan Mishra Counsel for Opposite Party(s) : G.A. Arun Kumar Alias Arun Kumar Bhaskar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another .....Opposite Party(s) application has been filed by the applicant. Submission is that charge sheet has already been filed. During investigation applicant has cooperated in the investigation. He has not misused the liberty granted by the trial Court. It is lastly submitted that the offence is under Section 409 IPC (criminal breach of trust ) and Section 420 IPC and both the Sections cannot go hand in hand. In this regard, reliance has been placed on the judgment passed by the Hon'ble Apex Court in the case of Delhi Race Club Ltd. vs. State of U.P. (2024) 10 SCC 690. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. Considering the above aspects of the matter, perusal of the record, charge sheet has been filed, the applicant was not arrested during investigation and he was on anticipatory bail, the undertaking given on behalf of the applicant that he shall cooperate in the trial, 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. 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. In case of default, it would be open for the trial court to proceed in accordance with law. The application is allowed accordingly. December 9, 2025 Vinay/- NABAIL No. 1959 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench