HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9941 of 2023 Court No. - 73 HON'BLE SAMEER JAIN, J. 1. Heard Sri Kamlakar Pal, learned counsel for the applicants and Sri Manoj Kumar, learned brief holder for the State. 2. The present anticipatory bail application has been filed on behalf of the applicants in F.I.R./Case Crime No.0460 of 2019, under Sections 166, 193, 406, 420, 467, 468, 471, 477A, 120B IPC and Section 7 of Prevention of Corruption Act, Police Station Jalesar, District Etah, with a prayer to enlarge them on anticipatory bail. 3. Learned counsel for the applicants submits that on the basis of false allegation applicants have been made accused in the present matter, who were though public servants but during investigation, I.O. did not even arrest the applicants and without their arrest, he submitted the charge- sheet and when after submission of charge-sheet applicants filed instant anticipatory bail in the year 2023, then on 27.10.2023 co-ordinate bench of this Court directed that no coercive action shall be taken against the applicants. 4. He further submits that as charge-sheet in the matter has already been filed, therefore, custodial interrogation of the applicants is not required. 5. He further submits that if applicants are not released on anticipatory bail then when they will appear before the court concerned, they will be sent to jail. Versus Counsel for Applicant(s) : Kamlakar Pal, Sakshi Srivastava Counsel for Opposite Party(s) : G.A. Devendra Singh And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. He further submits that applicants are not having any previous criminal history. 7. He further submits that therefore, considering the above facts, applicants should be enlarged on anticipatory bail till conclusion of trial. 8. Per contra, learned A.G.A. however, opposed the prayer for grant of anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 9. I have heard both the parties and perused the record of the case. 10. However, as per allegation, applicants were public servants and they along with other indulged in the commission of the alleged crime but it reflects that during investigation, I.O. did not arrest them and there is no allegation that they were either absconder or they were not cooperating with the investigation. 11. Further, now charge-sheet has been filed and after submission of charge-sheet when applicants filed the instant anticipatory bail application then on 28.06.2024 co-ordinate bench of this Court directed that no coercive action shall be taken against the applicants. 12. Further, applicants are not having any previous criminal history and apprehension of arrest raised by the applicants cannot be ruled out. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicants are entitled to released on anticipatory bail till conclusion of trial. 14. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 15. In the event of arrest of the applicants, Devendra Singh and Vimal Kumar involved in the aforesaid case crime number, shall be released on bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:- ABAIL No. 9941 of 2023 2 i. that the applicants shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence; ii. that the applicants shall not leave India without previous permission of the court; iii. that the applicants shall not tamper with the evidence during the trial; iv. that the applicants shall not pressurize/ intimidate the prosecution witness; v. that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted; 16. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicants. 17. It is made clear that observations made in granting anticipatory bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. October 10, 2025 S.A. ABAIL No. 9941 of 2023 3 (Sameer Jain,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad