Neutral Citation No. - 2025:AHC:142902 Court No. - 82 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5333 of 2023 Applicant :- Dharm Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh,Pramod Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Pramod Kumar Singh, learned counsel for the applicants and Shri Brijesh Pratap Singh, learned A.G.A. for the State-respondent. 2. The present anticipatory bail application u/s 438 Cr.P.C. has been filed by the applicants in Case Crime No.372 of 2004, under Sections 420, 467, 468, 471 I.P.C and Sections 8/13 Prevention of Corruption Act, Police Station Pilkhuwa, District Ghaziabad, with a prayer to enlarge them on anticipatory bail. 3. Leaned counsel for the applicants submits that however, FIR of the present case was lodged in the year 2004 against applicants and four others for offences under Sections 420, 467, 468, 471 I.P.C and Sections 8/13 Prevention of Corruption Act but during investigation, applicants were not arrested and without arresting them, charge-sheet has been filed in the year 2005. 4. He further submits that after submission of the charge-sheet when applicants challenged the proceedings of the case before this Court vide Application u/s 482 No.9453 of 2006 then on 31.08.2006 this Court stayed their further proceedings pending against them. 5. He further submits that however, on 18.12.2015 application filed by the applicants has been dismissed for want of prosecution but applicants could not become aware about the order dated 18.12.2025 and in the meantime although summons and warrants were issued against them but the same could never be served upon them and when they came to know that they are wanted in the present matter then they approached this Court and filed the instant anticipatory bail application. 6. He further submits that this Court vide order dated 12.05.2023 passed an order that no coercive action shall be taken against applicants and therefore, till date, applicants are protected by this Court. 7. He further submits that applicants are about eighty years old and there is no occasion for them to go jail after twenty years and they are ready to co-operate with the trial proceedings, therefore, considering the facts and circumstances of the case, they are entitled to be enlarged on anticipatory bail. 8. Per contra, learned A.G.A. however, opposed the prayer for grant of anticipatory bail but could not dispute the arguments on facts advanced by learned counsel for the applicants. 9. I have heard both the parties and perused the record of the case. 10. However, it reflects, FIR of the present case was lodged in the year 2004 and charge-sheet has been filed against the applicants in the year 2005 but it also reflects that after submission of the charge-sheet when they challenged the proceedings of the case before this Court then this Court stayed the proceedings pending against them and however, their application was dismissed for want of prosecution in the year 2015 but submission advanced by learned counsel for the applicants in this regard, cannot be completely ruled out. 11. Further, applicants are about eighty years of age and till date they are duly protected by this Court vide order dated 12.05.2023. 12. Further, applicants are not having any criminal history to their credit. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are entitled to be released on anticipatory bail till conclusion of trial. 14. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 15. In the event of arrest of the applicants, Dharm Singh and Smt. Munni Devi involved in the aforesaid case crime number, shall be released on bail till the 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 applicants 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 applicants shall not leave India without previous permission of the court; iii. that the applicants shall not tamper with the evidence during the trial; iv. that the applicants shall not pressurize/ intimidate the prosecution witness; v. that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted; 16. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicants. 17. 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 :- 20.8.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad