HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5280 of 2023 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Sri Manav Chaurasia, learned AGA apprised the Court that he has received the instructions, therefore, the instant anticipatory bail application may be finally, disposed off. 2. Heard Sri Vinod Kumar Mishra, learned counsel for the applicant and Sri Manav Chaurasia, learned A.G.A. for the State-respondent. 3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 65 of 2015, under Sections 218/420/467/468/471 & 120B IPC & Section 13(1)D & 13(2) of Prevention of Corruption Act, Police Station Jagdishpura, District Agra, with a prayer to enlarge him on anticipatory bail, till the conclusion of trial. 4. Learned counsel for the applicant submitted that as per allegation in the year 2006 in the appointment of Bandi Rakshak some irregularities were committed and applicant is one of the beneficiary but entire allegations levelled against the applicant are totally false. 5. He further submitted that when applicant filed instant anticipatory bail application then on 5.7.2023 co-ordinate Bench of this Court was pleased to pass a direction that no coercive action shall be taken against the applicant. 6. He further submitted that now charge sheet has been filed on 12.7.2023. 7. He further submitted that after submission of the charge sheet custodial interrogation of the applicant is not required. 8. He further submitted that applicant is having no previous criminal history to his credit. Versus Counsel for Applicant(s) : Atipriya Gautam, Sunil Kumar Singh, Sr. Advocate, Vinod Kumar Mishra Counsel for Opposite Party(s) : G.A. Moolchand Prajapati .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) 9. He further submitted that therefore, considering the above facts and circumstances of the case, applicant may be entitled to be released on anticipatory bail. 10. Per contra, learned AGA opposed the prayer for anticipatory bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 11. I have heard learned counsel for both the sides and perused the record of the case. 12. However, as per allegation, applicant has been appointed as Bandi Rakshak and in the year 2006 with regard the appointment of Bandi Rakshak some irregularities have been committed but it reflects FIR of the present case was lodged in 2015 and investigation of the case has been continued till July, 2023. 13. Further, record also suggests that on 5.7.2023 co-ordinate Bench of this Court during pendency of the instant anticipatory bail application gave a direction that no coercive action shall be taken against him and it appears pursuant to the order passed by this Court during investigation applicant has not been arrested and now charge sheet has been filed. 14. This Court finds merit in the argument advanced by learned counsel for the applicant that after submission of the charge sheet custodial interrogation of the applicant is not required. 15. Further, applicant is not having any previous criminal history. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be enlarged on anticipatory bail in this case, till conclusion of trial. 17. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application of the applicant is allowed. 18. In the event of arrest of the applicant-Moolchand Prajapati, involved in the aforesaid case crime number, shall be released on bail till 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 witness; ABAIL No. 5280 of 2023 2 v. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; 19. 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. 20. 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. September 23, 2025 Ankita ABAIL No. 5280 of 2023 3 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad