Neutral Citation No. - 2025:AHC:58494 Court No. - 78 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1880 of 2025 Applicant :- Dr. Mohd. Aslam Siddiqui Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1. Heard Mr. Kamal Krishna, learned Senior Counsel, assisted by Mr. Manoj Kumar Mishra, learned counsel for the applicant, Mr. Deepak Mishra, learned Additional Government Advocate representing the State and perused the record. 2. This Criminal Misc. Anticipatory Bail application under Section 482 of B.N.S.S. has been moved by the applicant after rejection of his anticipatory bail application by the order dated 27.01.2025 passed by the learned Additional District and Sessions Judge/Special Judge (Prevention of Corruption Act), Court No. 02, Varanasi, seeking Anticipatory Bail in Case Crime No. 994 of 2005, under Sections 409, 420, 120-B I.P.C. and Section 13(2) of the Prevention of Corruption Act, Police Station Kotwali Katra, District Mirzapur, during the pendency of the trial. 3. It is argued by learned counsel for the applicant that the F.I.R. was lodged on 08.09.2005 against Brij Mohan Singh for the alleged offence under Sections 409, 420 I.P.C., Police Station Kotwali Katra, District Mirzapur. The applicant is not named in the F.I.R. The applicant who was posted at the relevant point of time as Chief Medical Officer, Mirzapur had issued a Cheque No. 843214 dated 19.12.2003 of Rs. 3,86,568/- in favour of Medical Officer, Chunar, for disbursement of salary to the employees, but the said cheque was misused by Brij Mohan Singh by scoring out the name of payee and mentioning his own name and as such Brij Mohan Singh got the said cheque encashed. Later on applicant has been falsely implicated in this case on the ground that he was in connivance with co-accused Brij Mohan Singh. It is also submitted that after culmination of investigation charge-sheet No. 8 dated 20.09.2024 has been illegally submitted against the applicant without conducting fair investigation, on which the concerned court took cognizance on 25.10.2024 and summoned the applicant to face trial. Much emphasis has been given by contending that the applicant had retired from service in the year 2005. No efforts were made during investigation to arrest the applicant, who is presently aged about 81 years. Applicant has no criminal history to his credit. Under the facts of the case the applicant has apprehension of imminent arrest. Lastly, it is submitted that in case, applicant is granted anticipatory bail, he will not misuse the liberty and will co-operate with the trial. 4. Learned Additional Government Advocate representing the State of U.P. opposed the prayer for granting anticipatory bail to the applicant by contending that investigating officer after due investigation submitted charge sheet on the basis of cogent material against the applicant, therefore, as on date cognizable offence is made out against the applicant. It is further submitted that initially applicant had issued a cheque No. 843214 to the Medical Officer, Chunar, but later on he scored out the name of Medical Officer, Chunar and mentioned the name of Brij Mohan Singh, thereafter, Brij Mohan Singh got the said cheque encashed. 5. Having heard the learned counsel for the parties, I find that it is not in dispute that the cheque in question was issued in December, 2023. The F.I.R. was lodged on 08.09.2005. The applicant is not named in the F.I.R. The investigation arising out of said F.I.R. dated 08.09.2005 has been completed in September, 2024. There is no plausible explanation of the prosecution for keeping the investigation of such a small matter pending for last nineteen years. On perusal of the case diary, I also find that when specimen of handwriting found on the cheque was sent to FSL for its examination, the same was matched with the handwriting of co-accused Brij Mohan Singh, but the investigation against Brij Mohan Singh is still pending. 6. Looking to the overall facts and circumstances of the case, submissions of learned counsel for the parties, reasonable apprehension of arrest of the applicant, taking into consideration the gravity of offence, nature of accusation, age of the applicant and there being no possibility of his fleeing from justice as well as reasons noted above, this Court is of the view that prima facie, the applicant has made out a case for granting anticipatory bail during trial. 7. In the event of arrest of applicant-Dr. Mohd. Aslam Siddiqui, involved in the aforesaid case, shall be released on anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the concerned court below with the following conditions :- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court on each dates unless inevitable. (ii) 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 tamper with the evidence. (iii) That the applicant shall not involve in any criminal activity. (iv) In case of breach of any of the conditions mentioned above, it will be open for the prosecution to move an appropriate application to cancel the anticipatory bail of the applicant before this Court. 8. It is clarified that observations made in this order at this stage is limited for the purpose of determination of this anticipatory bail application only and will in no way be construed as an expression on the merits of the case. The concerned Court below shall be absolutely free to arrive at its independent conclusions according to law on the basis of materials / evidences on record. 9. With the aforesaid observations and directions, this anticipatory bail application is allowed. Order Date :- 21.4.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad