Neutral Citation No. - 2025:AHC:133325 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2342 of 2025 Applicant :- Ram Manohar Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Tiwari,Raj Kumar Mishra Counsel for Opposite Party :- Ankur Agarwal,G.A. Hon'ble Vivek Varma,J. 1. Counter affidavit filed by learned counsel for the informant is taken on record. 2. Heard learned counsel for the applicant, Sri Nagendra Kumar Mishra, learned Brief Holder for the State- opposite party, and learned counsel appearing for the informant. Perused the material available on record. 3. The applicant was granted interim anticipatory bail vide order dated 05.04.2025 passed by this Court. The order is quoted herein below: "1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record. 2. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.397 of 2024, under sections 406, 409 I.P.C., P.S. Sadar Bazar, District Saharanpur. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The provident fund contribution of the employees of M/s Kshetriya Sri Gandhi Ashram Samiti Janak Nagar Paper Mill road, Saharanpur was deposited along with penalty on the relevant date in the Employees Provident Fund Organization. The delay had occurred as the society suffered losses. At present, no dispute survives. Further, identically placed co-accused has been granted anticipatory bail by this Court vide order dated 18.2.2025 passed in Criminal Misc. Anticipatory Bail Application No. 1257 of 2025 (Akhilesh Rai and another vs. State of U.P. and another). The applicant claims parity. The criminal history of the applicant has been explained in para 30 of the paper book. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 4. Matter requires consideration. 5. Issue notice to the opposite party no.2 returnable at an early date. 6. The opposite parties are granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter. 7. Place this case on 23.5.2025 in the additional cause list along with Criminal Misc. Anticipatory Bail Application No. 1257 of 2025 (Akhilesh Rai and another vs. State of U.P. and another). 8. Till the next date of listing or till the submission of police report under Section 173(2) Cr.P.C., whichever is earlier, in the event of arrest, the applicant Ram Manohar Tiwari be released on interim anticipatory bail in the aforesaid case crime on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (ii) 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 from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned. 9. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant. 10. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law without being prejudiced by any observation made by this Court while considering the present anticipatory bail application of the applicant. 11. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order." 4. Learned counsel for the applicant submits that pursuant to the order dated 05.04.2025 the applicant furnished bail bonds before the S.H.O. concerned and joined the investigation. Thereafter, charge-sheet was filed and the applicant is appearing before the court concerned on the dates fixed. The applicant has not violated any conditions nor has misused the liberty of interim anticipatory bail. The criminal history of the applicant has been explained in Pargraph-30 of the affidavit. In case the applicant is released on anticipatory bail till the conclusion of trial, he will not misuse the said liberty. 5. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that the provident fund contribution of the employees was deposited along with penalty on the relevant date in the Employees Provident Fund Organization; and, at this stage there is no substantive evidence to establish that the applicant committed criminal breach of trust; the applicant is appearing before the concerned court on the dates fixed and no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned AGA as well as by counsel for the informant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant- Ram Manohar Tiwari, involved in Case Crime No. 397 of 2024, under Sections 406, 409 I.P.C., Police Station Sadar Bazar, District Saharanpur, be released on anticipatory bail during pendency of trial, on furnishing a fresh personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available on each and every date fixed in the matter by the court concerned; (ii) 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 from disclosing such facts to the Court; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court. 8. 8. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 1.8.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad