HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7279 of 2020 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Sri Rahul Srivastava, learned counsel for C.B.I. apprised the Court that he has received the instructions, therefore, instant anticipatory bail application may be finally disposed off. 2. Heard Sri N.I. Jafri, learned Senior Advocate assisted by Sri S.I. Jafri, learned counsel for the applicant and Sri Rahul Srivastava, learned counsel for C.B.I. 3. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. RC/DST/2018/A/0004 dated 17.1.2018 under Section 120B IPC & Section 13(2) r/w Section 13(1)(b) & 13(1)(d) of the PC Act,1988, Police Station STF CBI New Delhi with a prayer to enlarge him on anticipatory bail during trial. 4. Learned Senior Advocate appearing on behalf of applicant submits, applicant was one of the member of tender committee and as per allegation he misappropriated the public fund but entire allegation leveled against the applicant is totally false. 5. He next submits, during investigation applicant though fully cooperated with the investigation but Investigating Officer did not propose to arrest him and without his arrest charge-sheet has been filed against him. 6. He further submits, after submission of the charge-sheet applicant filed instant anticipatory bail application and on 20.10.2020 the co-ordinate Versus Counsel for Applicant(s) : Ajeet Singh, Ashwani Kumar Sachan, Awaish Khan, Sadrul Islam Jafri, Saurabh Sachan, Shiv Sagar Singh Counsel for Opposite Party(s) : Sanjay Kumar Yadav Santram .....Applicant(s) Central Bureau Of Investigation .....Opposite Party(s) Bench of this Court was pleased to direct that no coercive action shall be taken against the applicant and thereafter on 23.12.2021 the co-ordinate Bench of this Court was pleased to enlarge him on interim anticipatory bail and till date he is on interim anticipatory bail granted by this Court. 7. He further submits, there is no allegation that applicant misused the liberty granted to him and he is continuously appearing before the trial court. He further submits, FIR of the present case was lodged in the year in the year 2016 and instant anticipatory bail application is pending since the year 2020, therefore, there is no occasion to send the applicant behind bar after such long gap. 8. He further submits, apart from the present case applicant is having criminal history of two other cases but with similar allegation he has been made accused in both the cases and in both the cases he is on anticipatory bail. 9. He further submits, therefore, considering the facts and circumstances of the case, the interim anticipatory bail granted to the applicant vide order dated 23.12.2021 may be confirmed. 10. Per contra, learned counsel for C.B.I. opposed the prayer for anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per allegation applicant along with others misappropriated the public fund but it reflects, he was not arrested during investigation and there is no allegation that he did not cooperate with the investigation. 13. Further, it appears, after submission of the charge-sheet he filed instant anticipatory bail application in the year 2020 and on 20.10.2020 the co- ordinate Bench of this Court directed that no coercive action shall be taken against him and thereafter on 23.12.2021 applicant has been enlarged on interim anticipatory bail and since then he is on interim anticipatory bail and it reflects, he is fully cooperating with the trial and never misused the liberty granted to him. 14. Further, apart from the present case however applicant is having ABAIL No. 7279 of 2020 2 criminal history of two other cases but it appears, with similar allegation he has been made accused in both the cases and in both the cases he is on anticipatory bail. 15. Therefore, considering the facts and circumstances of the case, the interim anticipatory bail granted to the applicant vide order dated 23.12.2021 is hereby confirmed. The applicant- Santram shall remain on anticipatory bail till conclusion of trial on the same condition as imposed by this Court vide order dated 23.12.2021. 16. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 17. 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 AK Pandey ABAIL No. 7279 of 2020 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad