HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4811 of 2025 Court No. - 73 HON'BLE SAMEER JAIN, J. 1. Heard Sri Nitesh Kumar Singh, learned counsel for the applicant and Sri R.N. Srivastava, learned A.G.A. for the State. 2. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No.83 of 2022, under Sections 409, 419, 420, 467, 468, 471 IPC 7A/13 of Prevention of Corruption Act, Police Station Duddhi, District Sonbhadra, with a prayer to enlarge him on anticipatory bail. 3. Learned counsel for the applicant submits that however, as per allegation applicant and other accused embezzled the pubic fund but entire allegation levelled against the applicant is totally false. 4. He further submits that during investigation when applicant filed Anticipatory Bail Application No.5188 of 2024 then co-ordinate bench of this Court on 10.06.2024 enlarged him on anticipatory bail till submission of police report under Section 173(2) Cr.P.C. and now charge-sheet has been filed. 5. He further submits that, as during investigation applicant was duly protected, therefore, he may be enlarged on anticipatory bail till conclusion of trial. He further submits that applicant is having apprehension, if he will appear before the court concerned then he will be sent to jail. Versus Counsel for Applicant(s) : Anil Kumar, Nitesh Kumar Singh Counsel for Opposite Party(s) : G.A. Kamta Prasad .....Applicant(s) State of U.P. .....Opposite Party(s) 6. 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 applicant. 7. I have heard both the parties and perused the record of the case. 8. However, as per allegation, applicant was public servant and he along with other co-accused misappropriated the public fund but it reflects that during investigation applicant was enlarged on anticipatory bail by co- ordinate bench of this Court till submission of police report submitted under Section 173(2) Cr.P.C. but now charge-sheet has been filed and after submission of charge sheet, custodial interrogation of the applicant does not appear to be necessary and apprehension of arrest raised by the applicant cannot be ruled out. 9. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on anticipatory bail till conclusion of trial. 10. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 11. In the event of arrest of the applicant, Kamta Prasad 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:- 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 NABAIL No. 4811 of 2025 2 witness; v. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; 12. 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. 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. NABAIL No. 4811 of 2025 3 (Sameer Jain,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad