HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1282 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.428 of 2019 under sections 419, 420, 467, 468, 471 I.P.C., P.S. Kotwali, district Unnao. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.It is alleged in the prosecution case that The aforesaid case has been registered on the basis of an F.I.R. lodged by the Chief Manager, Bank of India, Unnao on 28.03.2019 against three named persons, not including the applicant, stating that one of the named accused persons Piyush Pal had borrowed Rs. 49.50 lakh from the bank for purchasing a plot and constructing a house thereon. The borrower had submitted a sale agreement executed by the previous owner Sri Santosh Kumar Shukla and the other co- accused Piyush Pal but subsequently it transpired that Santosh Kumar Shukla who had stood guarantor for repayment of the loan was a non existent person and he was not authorized to sell the plot. During investigation, the applicant has also been roped in on the basis of statement of co-accused Piyush Pal who stated that the applicant was also involved in the entire transaction as he was Assistant Manager of the branch. 4.Learned counsel for the applicant submits that the applicant has been falsely implicated. It is submitted that for one incident, two first information Versus Counsel for Applicant(s) : O.P. Tiwari Counsel for Opposite Party(s) : G.A. Nitin Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) reports have been registered. The offences are triable by Magistrate. Investigation is going on. The loan was disbursed in the year 2017. The applicant was posted at the relevant time as Assistant Manager of Bank of India, Unnao. Presently, he is posted in State of Haryana. The applicant is not the beneficiary. At the most, it can be a case of negligence and no criminal liability can be attached with the applicant. The co-accused Devendra Singh Bhadouria who was assigned similar role and was Manager of the Bank has been granted anticipatory bail, vide order contained in Annexure No.3 to the bail applicaton. Another co-accused Purnima Singh who was the loan officer has also been granted interim protection by a Division Bench of this court vide order passed in Crl. Misc. W.P. No.7683 of 2025. Another co-accused Nitin Kumar has also been granted anticipatory bail vide order dated 14.11.2025 passed by this court in Anticipatory Bail No.1266 of 2025. 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 applicant's counsel but could not dispute the argument advanced by learned counsel for the applicant. 8.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 investigation, the co-accused persons, referred to above, have been granted protection, prima facie it appears that the applicant has performed in disbursing loan in exercise of his normal official duty, a legal opinion was taken by the bank, statement of legal advisor was also recorded who has stated that he opined after examining the documents in the office of the Sub Registrar, 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. 9.In view of the above, it is provided that in the event of arrest, the applicant ABAIL No. 1282 of 2025 2 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 20 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. 10.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. 11.The application is allowed accordingly, on the ground of parity. November 17, 2025 kkb/ ABAIL No. 1282 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench