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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10345 of 2024 Court No. - 73 HON'BLE SAMEER JAIN, J.
1. Heard Sri Arjun Singh Yadav, learned counsel for the applicant and Sri Shatrughna Yadav, learned AGA for the State. 2. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No.393 of 2016, under Sections 409, 419, 420, 467, 468, 471 IPC and 7/13 of Prevention of Corruption Act, Police Station Meja, District Allahabad with a prayer to enlarge him on anticipatory bail during trial. 3. Learned counsel for the applicant submits that however, as per allegation applicant was public servant and he embezzled the public fund but during investigation when he filed instant anticipatory bail application then co-ordinate bench of this Court vide order dated 23.10.2024 enlarged him on interim anticipatory bail. 4. He further submits that now charge-sheet has been filed and there is no allegation that applicant did not cooperate with the investigation. He next submits that now custodial interrogation of the applicant does not appear to be necessary. 5. He further submits that applicant is having apprehension, if he will appear before the court concerned then he will be sent to jail. He next submits that applicant is not having any previous criminal history. 6. Per contra, learned AGA opposed the prayer for anticipatory bail but Versus Counsel for Applicant(s) : Arjun Singh Yadav Counsel for Opposite Party(s) : G.A. Om Prakash .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s)
could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation, applicant was public servant and he made demand of bribe and accepted the bribe from the complainant but it reflects that he has been made accused on the basis of a viral video. 9. Further, during investigation when applicant filed instant anticipatory bail application then co-ordinate bench of this Court on 23.10.2024 was pleased to enlarge him on interim anticipatory bail and now charge-sheet has been filed and there is no allegation that applicant did not cooperate with the investigation. As charge-sheet has been filed, there is no need of custodial interrogation of the applicant. 10.
Further, apprehension of arrest raised by the applicant cannot be ruled out and applicant is not having any previous criminal history. 11. Therefore, considering the facts and circumstances of the case, the interim anticipatory bail granted to the applicant vide order dated 23.10.2024 is hereby confirmed. The applicant- Om Prakash shall remain on anticipatory bail till conclusion of trial on the same condition as imposed by this Court vide order dated 23.10.2024. 12. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 13. It is made clear that observations made in granting anticipatory bail to the applicant 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. 10345 of 2024 2 (Sameer Jain,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad