HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4220 of 2025 Court No. - 73 HON'BLE SAMEER JAIN, J. 1. Case called out in revised list. None present on behalf of the informant. 2. Sri R.N. Srivastava, learned AGA for the State apprised the Court that he has received the instructions, therefore, instant anticipatory bail application may be finally disposed off. 3. Heard Sri Anoop B. Shukla, learned counsel for the applicant and Sri R.N. Srivastava, learned AGA for the State. 4. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 315 of 2014, under Sections 409, 201 IPC, Section 3/7 Essential Commodities Act and Section 13(2) P.C. Act, Police Station Kudebhar, District Sultanpur with a prayer to enlarge him on anticipatory bail during trial. 5. Learned counsel for the applicant submits, FIR of the present case was lodged in the year 2014 and according to the FIR applicant was Regional Marketing Manager and he along with others misappropriated the public fund but entire allegation leveled against the applicant is totally false. 6. He further submits, FIR of the present case was lodged in the year 2014 but Investigating Officer did not make any attempt to arrest the applicant and only in the year 2025 he started making attempt to arrest the applicant, therefore, applicant had to file the instant anticipatory bail application. 7. He further submits, more than ten years have been passed since the Versus Counsel for Applicant(s) : Anoop Bhaiya Lal Shukla Counsel for Opposite Party(s) : Ved Prakash Shukla, G.A. Umakant Goswami .....Applicant(s) State of U.P. and Another .....Opposite Party(s) lodgment of the FIR of the present case but till date investigation of the case is still pending. 8. He further submits, after ten years there is no occasion to send the applicant behind the bar. 9. He further submits, apart from the present case applicant is having criminal history of six other cases and out of six cases four cases are of similar nature and in one case after investigation final report has been submitted and in another case applicant is on bail. 10. He further submits, therefore, considering the above facts, applicant may be enlarged on anticipatory bail. 11. Per contra, learned AGA opposed the prayer for anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 12. I have heard learned counsel for the parties and perused the record of the case. 13. However, as per allegation, applicant was posted as Regional Marketing Manager and he along with other accused misappropriated the public fund but it reflects, FIR of the present case was lodged in the year 2014 and till date investigation of the case is still pending. 14. Further, there is no allegation that applicant is either absconder or he is not cooperating with the investigation. 15. Further, however, apart from the present case applicant is having criminal history of six other cases but it reflects, out of six cases in four cases applicant has been made accused with similar allegation and in one case after investigation final report has been submitted and in one case he is on bail. 16. The Apex Court in the case of Gursewak Singh Vs. State of Punjab (Special Leave to Appeal Criminal No. 11234 of 2025) decided on 03.09.2025 observed "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". 17. Therefore, considering the facts and circumstances of the case discussed NABAIL No. 4220 of 2025 2 above and observation made by the Apex Court in the case of Gursewak Singh (supra), in my view, applicant is entitled to be released on anticipatory bail till conclusion of trial. 18. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 19. In the event of arrest of the applicant- Umakant Goswami 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:- i. 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; ii. that the applicant shall not leave India without previous permission of the court; iii. that the applicant shall not tamper with the evidence during the trial; iv. that the applicant shall not pressurize/ intimidate the prosecution witness; v. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; 20. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant. 21. 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 AK Pandey NABAIL No. 4220 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad