HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1955 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary Affidavit filed by learned counsel for the applicant is taken on record. The present anticipatory bail application has been filed seeking anticipatory bail in FIR No. 0363 of 2025, U/S 316 (5) B.N.S., 2023, Police Station Tikait Nagar District Barabanki. Heard learned counsel for the applicant and learned A.G.A. for the State. Notice to respondent no. 2 is dispensed with in view of the proposed order. Learned counsel for the applicant submits that the FIR in the present case has been registered by opposite party no. 2 on the basis of the order dated 29.09.2025 issued by the Block Development Officer. Learned counsel for the applicant has drawn the attention of this Court towards the order dated 29.09.2025, which is on record as Annexure-3. It is submitted that while passing the said order, the Block Development Officer did not assign any reason for imposing recovery upon the applicant. This recovery order was challenged before this Court in Writ-A No. 13146 of 2025 (Ram Pratap vs. State of U.P.), wherein the recovery proceedings have been stayed vide order dated 13.11.2025. The said order is on record as Annexure-5 to the bail application. Versus Counsel for Applicant(s) : Ashwani Kumar Counsel for Opposite Party(s) : G.A. Ram Pratap .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another .....Opposite Party(s) Learned counsel for the applicant submits that the applicant is a Technical Assistant working under the Gram Panchayats on consolidated pay. The applicant has explained the criminal history of one case in the supplementary affidavit. It is submitted that the very basis of the FIR, i.e., the enquiry report dated 29.09.2025, has been stayed and is sub judice before this Court in Writ Petition No. 13146 of 2025. It is further submitted that the offences alleged are triable by a Magistrate, and the applicant undertakes to cooperate with the investigation. It is next submitted that co-accused Kuldeep @ Kuldeep Kumar has been granted anticipatory bail by this Court vide order dated 25.11.2025 passed in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 1818 of 2025, and the applicant seeks parity with the said co-accused. Learned counsel for the applicant further submits that if the applicant is granted anticipatory bail, he undertakes to comply with all conditions imposed by the Court. He shall fully cooperate with the investigation and shall not misuse the liberty granted to him. Learned A.G.A. has opposed the anticipatory bail application. It is submitted that while the applicant was posted in the Gram Panchayat, he misappropriated an amount of Rs. 3,29,274/- in relation to the MGNREGA work carried out in the concerned Gram Panchayat. He has been found liable for recovery of Rs. 1,19,758/-. Perused the record. On due consideration of the fact that the offence is triable by a Magistrate; the recovery order on the basis of which the FIR appears to have been registered has already been stayed and is sub judice before a Coordinate Bench of this Court; co-accused Kuldeep @ Kuldeep Kumar has been granted anticipatory bail; the applicant has explained the criminal history of one case; and he has furnished an undertaking to cooperate with the investigation, this Court is of the NABAIL No. 1955 of 2025 2 view that the applicant is entitled to be granted anticipatory bail in light of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and Others vs. State (NCT of Delhi) and Another, (2020) 5 SCC 1, subject to his cooperation in the investigation. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- The applicant shall report to the investigating officer within twenty days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. The application is allowed. December 9, 2025 Madhu D.R/P.S NABAIL No. 1955 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench