HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1247 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.287 of 1991 under Section 409, 420, 467, 468, 471, 477A, 120B Indian Penal Code, Police Station Gangaghat, District Unnao. Heard learned counsel for the applicant and learned Additional Government Advocate for the State. The allegation in the prosecution case is that the co-accused persons have shown a false arrest, and the applicant is accused of embezzlement of company funds to the tune of Rs.4,15,540.68/-. Learned counsel for the applicant submits that the applicant is not named in the FIR and had no knowledge of the proceedings pending before the trial court. It is further submitted that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant further undertakes that the applicant shall cooperate in the trial proceedings. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel and has submitted that the applicant had earlier filed an application under Section 482 Cr.P.C., being Application No. 894 of 2022, which was disposed of with a Versus Counsel for Applicant(s) : Dheerendra Singh Counsel for Opposite Party(s) : G.A. Mohammad Lateef .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s) direction to the applicant to appear before the learned court of Magistrate and take all the grounds which had been raised in the said petition within a time-bound period, and the learned Magistrate concerned was directed to decide the same within the stipulated time. It is further submitted that in compliance with the said direction, the applicant has already appeared before the learned trial court, which is evident from the finding recorded by the learned Sessions Judge in the order rejecting the anticipatory bail application. Perused the record. A perusal of the rejection order shows that the order of the High Court dated 07.06.2002 was brought on record before the learned trial court on 28.06.2003. Thus, the applicant had already put in appearance before the learned trial court through counsel on 28.06.2003. However, it appears that thereafter he did not appear before the learned trial court. It is evident that the applicant was fully aware of the proceedings, but due to his non-cooperation, the trial has been delayed. The incident pertains to the year 1986, and the FIR was registered in 1991. Non-bailable warrants have also been issued against the applicant. Considering the above aspects of the matter and upon perusal of the record, it is evident that the offence is triable by the Magistrate; the charge sheet was filed way back in the year 2011; the applicant was not arrested during investigation; rather, his arrest was protected by the Court; the applicant has no previous criminal history; he is not named in the FIR, and he is presently aged about 81 years also taking into account the undertaking given on behalf of the applicant that he shall cooperate in the trial, and in view of the law laid down by the Hon’ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, and without expressing any opinion on the merits of the case, this Court finds it appropriate to grant anticipatory bail to the applicant. ABAIL No. 1247 of 2025 2 In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. In case of default, it would be open for the trial court to proceed in accordance with law. The application is allowed accordingly. November 12, 2025 Madhu D.R/P.S ABAIL No. 1247 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench