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Neutral Citation No. - 2025:AHC:138310 Court No. - 82 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3722 of 2023 Applicant :- Sharif And Another Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Tripathi,Vimlendu Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. At the very outset, Sri Rahul Srivastava, learned counsel for C.B.I. submits, instant matter does not relate to C.B.I., therefore, it appears, his name has wrongly been shown in the cause list. 2. Heard Sri Ajay Kumar Srivastava, learned Advocate holding brief of Sri Arvind Kumar Dubey, learned counsel for the applicants and Sri Shatruhan Yadav, learned AGA for the State. 3. The present anticipatory bail application has been filed on behalf of the applicants in F.I.R./Case Crime No. 37 of 2019, under Sections 420, 467,468, 471, 120B IPC and Section 8 P.C. Act, Police Station E.O.W., District Meerut with a prayer to enlarge him on anticipatory bail during trial. 4. Learned counsel for the applicant submits, on the basis of false allegation of misappropriation of public fund applicants have been made accused in the present matter. 5. He further submits, after considering the entire facts of the case in detail, the co-ordinate Bench of this Court vide order dated 04.04.2023 was pleased to enlarge the applicants on interim anticipatory bail. He further submits, applicants did not misuse the liberty granted to them. 6. He further submits, applicants are not having any criminal history. 7. He next submits, therefore, interim anticipatory bail granted to the applicants may be confirmed. 8. Per contra, learned AGA opposed the prayer for anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Considering the argument advanced by learned counsel for applicants and the fact that vide order dated 04.04.2023 applicants with a detailed and reasoned order have already been released on interim anticipatory bail and there is no allegation that they misused the liberty granted to them and they are not having any criminal history, the interim anticipatory bail granted to the applicants vide order dated 04.04.2023 is hereby confirmed. Applicants shall remain on anticipatory bail till conclusion of trial on the same condition as imposed by this Court vide order dated
04.04.2023. 11.
Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 12. 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. Order Date :- 13.8.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad