HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8488 of 2025 Court No. - 73 HON'BLE SAMEER JAIN, J. 1. Dr. S.B.Maurya, learned AGA-I, for the State, apprised the Court that he has received the instructions, therefore, the instant anticipatory bail application may be finally disposed off. 2. Heard Sri Ashok Kumar Nigam, learned counsel for the applicant and Dr. S.B.Maurya, learned AGA-I, for the State. 3. The present anticipatory bail application has been filed on behalf of the applicant in FIR/Case Crime No.03 of 2022, under Sections 201,417,409, 20,467, 468,471 and 120-B IPC and Section 7, 13(1)(a) read with Section 13(2) Prevention of Corruption Act, 1988, Police Station Varanasi Sector (Vigilance Cell), District Varanasi with a prayer to enlarge him on anticipatory bail. 4. Learned counsel for the applicant submits that as per allegation applicant was Gram Pradhan and against the Rules he appointed Panchayat Mitra, who was his relative but entire allegations levelled against the applicant are totally false. 5. He further submits that FIR of the present case was lodged in March, 2022 and since then more than three and half years have been passed but till date investigation could not be completed. 6. He further submits that however, after lodgement of the FIR Investigating Officer did not make any attempt to arrest the applicant but in the year 2025 he started making attempt of his arrest and, therefore, applicant had to file instant anticipatory bail application. Versus Counsel for Applicant(s) : Ashok Kumar Nigam, Rekha Singh, Satya Niwas Prasad Counsel for Opposite Party(s) : G.A. Rajesh Kumar Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 7. He further submits that there is no allegation that applicant was either absconder or he was not cooperating with the investigation. 8. He further submits that applicant is not having any previous criminal history to his credit. 9. He further submits that therefore, considering the facts and circumstances of the case, applicant may be enlarged on anticipatory bail till the conclusion of the trial. 10. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per allegation applicant was Gram Pradhan and he against the rules appointed his relative as Panchayat Mitra and thus he mis-used his position but it reflects that FIR of the present case was lodged in March, 2022 and since then more than three and half years have been passed but till date investigation could not be completed. 13. Further, it reflects that initially after the FIR , Investigating Officer did not make any attempt to arrest the applicant but it appears that after more than three and half years in the year 2025 he started making attempt of his arrest. 14. The Apex Court in the case of Gursewak Singh Vs. State of Punjab (Special Leave to Appeal (Crl.) No.11234 of 2025 dated 3.9.2025 in para-7 observed that the fact that the petitioner was not arrested for four years by itself was a good ground for the High Court to exercise its discretion and order grant of anticipatory bail. 15. Further, applicant is not having any previous criminal history to his credit. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on anticipatory bail till the conclusion of the trial. 17. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. NABAIL No. 8488 of 2025 2 18. In the event of arrest of the applicant-Rajesh Kumar Singh involved in the aforesaid case crime number, shall be released on bail till the conclusion of the 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:- i. that the applicant shall make himself available for interrogation by a police officer as and when required; ii. that the applicant 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; iii. that the applicant shall not leave India without previous permission of the court; iv. that the applicant shall not tamper with the evidence during the trial; v. that the applicant shall not pressurize/ intimidate the prosecution witness; vi. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; 19. 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. 20. It is made clear that the 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 17, 2025 SKM NABAIL No. 8488 of 2025 3 (Sameer Jain,J.) Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad