Neutral Citation No. - 2025:AHC:123285 Court No. - 82 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5526 of 2023 Applicant :- Sommay Jain Opposite Party :- State of U.P. Counsel for Applicant :- Ram Milan Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Rajeev Dhar Dwivedi, learned AGA for the State apprised the Court that he has received the instructions, therefore, instant anticipatory bail application may be finally disposed off. 2. Heard Sri Ram Milan Mishra, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State. 3. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 0614 of 2018, under Sections 13(1)(c), 13(1)(d), 13(2) Prevention of Corruption Act and Sections 409, 120B IPC, Police Station Mundha Pandey, District Moradabad with a prayer to enlarge him on anticipatory bail during trial. 4. Learned counsel for the applicant submits, applicant is a private person and without any evidence on the basis of false allegation he has been made accused in the present matter. 5. He further submits, during investigation applicant fully cooperated with the investigation and Investigating Officer did not arrest him but now charge-sheet has been filed. 6. He further submits, when applicant filed instant application before this Court then this Court vide order dated 17.05.2023 enlarged him on interim anticipatory bail considering the observation made by the Apex Court in the case of Mahdoom Bava Vs. Central Bureau of Investigation, Criminal Appeal No. NIL of 2023, arising out of SLP (Crl.) No. 376 of 2023 decided on 20.03.2023. 7. He next submits, as there is no allegation that applicant misused the liberty granted earlier to him, therefore, interim anticipatory bail granted to him 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 applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Considering the fact that applicant was not arrested during investigation and there is no allegation that he misused the liberty granted to him vide order dated 17.05.2023 and he is on interim anticipatory bail and considering the law laid down by the Apex Court in the case of Mahdoom Bava (supra), the interim anticipatory bail granted to him vide order dated 17.05.2023 is hereby confirmed. The applicant shall remain on anticipatory bail till conclusion of trial on the same conditions as were imposed vide order dated 17.05.2023. 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 applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 25.7.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad