HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1326 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.1362 of 2010 under sections 409, 467, 468, 471 I.P.C., 13(1)D(11) read with 13(2) of Prevention of Corruption Act, P.S. Kotwali Mahoba, district Mahoba. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.It is alleged in the prosecution case that in district Mahoba, in the financial year 2004-05 and 2005-06, distribution was made by U.P. State Food & Essential Commodities Corporation as well as by U.P. State Food and Marketing Department. The said goods are alleged to have been transported from Central Godown to State Level Godown by showing that the food-grains were supplied by trucks, however, upon enquiry, it was found that instead of trucks, these were supplied by tractors, scooters etc. 4.Learned counsel for the applicant submits that the applicant is 67 years old retired government servant, having no criminal antecedent. Regarding an incident which took place between 1.4.2004 and 31.10.2005, a first information report came to be lodged after delay of five years on 21.10.2010. Investigation was conducted. Liberty of the applicant was protected by a Division Bench of this Court vide order dated 16.11.2022 passed in Crl. Misc. W.P. No.9187 of 2022. Charge sheet was filed after 20 years, i.e. on 18.11.2024. The applicant has cooperated in the investigation. Versus Counsel for Applicant(s) : Anil Kumar Sharma Counsel for Opposite Party(s) : G.A. Madhusudan Prasad Agnihotri .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) The co-accused Sudeep Kumar Jain has been granted anticipatory bail vide order dated 3.11.2025 passed in Anticipatory Bail No.1210 of 2025. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. He submits that the case of the applicant is distinct from the case of the co-accused Sudeep Kumar Jain. 6.Considering the above aspects of the matter, perusal of the record, the applicant was not arrested during investigation, the undertaking given on behalf of the applicant that he shall cooperate in the trial, bail order of co- accused Sudeep Kumar Jain, protection granted vide order dated dated 16.11.2022 (supra), old age of the applicant, 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. 7. In view of the above, it is provided that the applicant shall surrender before the concerned court within 20 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. 8. In case of default, it would be open for the trial court to proceed in accordance with law. 9. The application is allowed accordingly. December 2, 2025 kkb/ ABAIL No. 1326 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench