HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7320 of 2023 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Compliance affidavit filed by State is taken on record. 2. Heard Sri Suneel Kumar Rai, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State. 3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 0230 of 2018 under Sections 7/13(1)(e) Prevention of Corruption Act, 1988 Police Station- Kasganj, District- Kasganj, with a prayer to enlarge him on anticipatory bail. 4. Learned counsel for the applicant submitted that applicant is public servant and as per allegation, his expenses were more than known source of income and it is a case of disproportionate income but entire allegations made against applicant are totally false. 5. He further submitted that during investigation, when applicant filed the instant anticipatory bail application then on 10.01.2025 co-ordinate Bench of this Court was pleased to enlarge him on interim anticipatory bail. 6. He further submitted that now charge sheet has been filed and applicant is having apprehension, if his interim anticipatory bail is not confirmed and if he will appear before the trial court then he will be sent to jail. 7. He further submitted that applicant is not having any criminal history. 8. He further submitted that considering the above facts, interim anticipatory bail granted to the applicant vide order dated 10.01.2025 may be confirmed and applicant may be permitted to remain on anticipatory bail till conclusion of trial. Versus Counsel for Applicant(s) : Manu Mishra, Sabya Sachee Rai, Suneel Kumar Rai Counsel for Opposite Party(s) : G.A. Rakesh Kumar Sharma .....Applicant(s) State of U.P. .....Opposite Party(s) 9. Per contra, learned AGA, however, opposed the prayer but could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard both the parties and perused the record of the case. 11. However, as per allegation, applicant is a public servant and his expenses were more than known source of income but it reflects, during investigation, on 10.01.2025 co-ordinate Bench of this Court was pleased to enlarge him on interim anticipatory bail and there is no allegation that applicant misused the liberty granted to him by co-ordinate Bench of this Court vide order dated 10.01.2025. 12. Record suggests that now charge sheet has been filed. The argument advanced by learned counsel for the applicant with regard to apprehension of arrest of the applicant, cannot be ruled out. 13. Further, applicant is not having any criminal history. 14. Therefore, considering the facts and circumstances of the case discussed above, interim anticipatory bail earlier granted to the applicant vide order dated 10.01.2025 is hereby confirmed. Applicant shall remain on anticipatory bail till conclusion of trial on the same conditions as earlier imposed upon him by this Court vide order dated 10.01.2025. 15. The instant anticipatory bail application stands allowed. 16. 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 KK Patel ABAIL No. 7320 of 2023 2 (Sameer Jain,J.) Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad